IC-NRLF 


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NERAL  SCHOOL  LAW 


OF 


SOUTH  CAROLINA 
1919 


Published  by 

J.  E.  SWEARINGEN 

State  Superintendent  of  Education 

in  accordance  with 
Section  1699  of  the  Code 

Compiled  and  Edited  upon  the  request  of  the 
State  Superintendent  of  Education  by 

S.  M.  WOLFE 

Attorney  General 

Rules  and  Regulations  of  the  State  Board 
of  Education  also  included 


THE  R.  L.  BRYAN  COMPANY 

COLUMBIA,  S.  C. 

1919 


GIFT  OF 


GENERAL  SCHOOL  LAW 

OF 

SOUTH  CAROLINA 
1919 


Published  by 

J.  E.  SWEARINGEN 

State  Superintendent  of  Education 

in  accordance  with 
Section  1699  of  the  Code 

Compiled  and  Edited  upon  the  request  of  the 
State  Superintendent  of  Education  by 

S.  M.  WOLFE 

Attorney  General 

Rules  and  Regulations  of  the  State  Board 
of  Education  also  included 


THE  R.  L.  BRYAN  COMPANY 

COLUMBIA,  S.  C. 

1919 


- 


FOREWORD 


This  edition  of  the  school  law  includes  the  general  school  code  of 
the  State.  It  does  not  contain  the  numerous  special  Acts  affecting 
local  communities  in  the  various  school  districts.  These  Acts  are 
scattered  through  the  statutes  from  1868  to  1919. 

Many  districts,  organized  and  operated  under  special  local  laws, 
exercise  properly  various  and  varying  privileges.  Trustees,  teach- 
ers, patrons,  and  citizens  of  such  special  legislative  districts  should 
consult  the  separate,  independent  Acts  governing  their  territory  and 
would  usually  find  it  helpful  to  consult  a  lawyer  before  changing  in 
any  way  the  procedure  required  by  the  general  school  law. 

This  mass  of  local  school  legislation  is  too  voluminous  to  be 
printed  in  pamphlet  form.  A  simplification  and  codification  of  the 
school  law,  both  general  and  local,  into  one  comprehensive,  progres- 
sive, forward-looking  code  would  strengthen  our  educational  system. 

The  assistance  of  the  Attorney  General  in  compiling  and  prepar- 
ing this  pamphlet  is  gratefully  acknowledged.  The  rulings  of  the 
Attorney  General's  office  guide  and  govern  the  State  Superintendent 
in  the  performance  of  his  duties,  and  this  co-operation  is  invaluable 
in  the  work  of  the  State  Superintendent's  office.  It  is  a  pleasure  to 
record  here  my  obligation  to  Hon.  S.  M.  Wolfe  and  his  assistants. 

J.  E.  SWEARINGEN, 
State  Superintendent  of  Education. 

Columbia,  S.  C.,  May  22,  1919. 


fcf 


GENERAL  SCHOOL  LAW 

OF 

SOUTH  CAROLINA 
1919 


Compiled  by  the  office  of  the  Attorney  General 


Constitutional  Provisions 

ARTICLE  XL 

EDUCATION. 

Section  1.  The  supervision  of  public  instruction  shall  be  vested 
in  a  State  Superintendent  of  Education,  who  shall  be  elected  for  the 
term  of  two  years  by  the  qualified  electors  of  the  State,  in  such 
manner  and  at  such  time  as  the  other  State  officers  are  elected ;  his 
powers,  duties  and  compensation  shall  be  defined  by  the  General 
Assembly. 

§  2.  There  shall  be  a  State  Board  of  Education,  composed  of  the 
Governor,  the  State  Superintendent  of  Education,  and  not  exceed- 
ing seven  persons  to  be  appointed  by  the  Governor  every  four  years, 
of  which  board  the  Governor  shall  be  Chairman,  and  the  State 
Superintendent  of  Education,  Secretary.  This  board  shall  have  the 
regulation  of  examination  of  teachers  applying  for  certificates  of 
qualification,  and  shall  award  all  scholarships,  and  have  such  other 
powers  and  duties  as  may  be  determined  by  law.  The  traveling 
expenses  of  the  persons  to  be  appointed  shall  be  provided  for  by 
the  General  Assembly. 

§  3.  The  General  Assembly  shall  make  provision  for  the  election 
or  appointment  of  all  other  necessary  school  officers,  and  shall  define 
their  qualifications,  powers,  duties,  compensation  and  terms  of  office. 

§  4.  The  salaries  of  the  State  and  county  school  officers  and  com- 
pensation of  County  Treasurers  for  collecting  and  disbursing  school 

£4(6501- 


/• '  v";  ,•  •?:    :.«v- .  / 

4  '   GENERAL  rScH66t'  LAW  OF  SOUTH  CAROLIN A. 

moneys  shall  not  be  paid  out  of  the  school  funds,  but  shall  be  other- 
wise provided  for  by  the  General  Assembly. 

§  5.  The  General  Assembly  shall  provide  for  a  liberal  system  of 
free  public  schools  for  all  children  between  the  ages  of  six  and 
twenty-one  years,  and  for  the  division  of  the  counties  into  suitable 
school  districts,  as  compact  in  form  as  practicable,  having  regard  to 
natural  boundaries,  and  not  to  exceed  forty-nine  nor  be  less  than 
nine  square  miles  in  area :  Provided,  That  in  cities  of  ten  thousand 
inhabitants  and  over  this  limitation  of  area  shall  not  apply :  Pro- 
vided, -further,  That  when  any  school  district  laid  out  under  this 
section  shall  embrace  cities  or  towns  already  organized  into  special 
school  districts  in  which  graded  school  buildings  have  been  erected 
by  the  issue  of  bonds,  or  by  special  taxation,  or  by  donation,  all  the 
territory  included  in  said  school  district  shall  bear  its  just  propor- 
tion of  any  tax  that  may  be  levied  to  liquidate  such  bonds  or  support 
the  public  schools  therein:  Provided,  -further,  That  nothing  in  this 
article  contained  shall  be  construed  as  a  repeal  of  the  laws  under 
which  the  several  graded  school  districts  of  this  State  are  organized. 
The  present  division  of  the  counties  into  school  districts  and  the  pro- 
visions of  law  now  governing  the  same  shall  remain  until  changed  by 
the  General  Assembly.1 

§  6.  The  existing  County  Boards  of  Commissioners  of  the  sev- 
eral counties,  or  such  officer  or  officers  as  may  hereafter  be  vested 
with  the  same  or  similar  powers  and  duties,  shall  levy  an  annual  tax 
of  three  mills  on  the  dollar  upon  all  the  taxable  property  in  their 
respective  counties,  which  tax  shall  be  collected  at  the  same  time 
and  by  the  same  officers  as  the  other  taxes  for  the  same  year,  and 
shall  be  held  in  the  county  treasury  of  the  respective  counties ;  and 
the  said  fund  shall  be  apportioned  among  the  school  districts  of  the 
county  in  proportion  to  the  number  of  pupils  enrolled  in  the  public 
schools  of  the  respective  districts,  and  the  officer  or  officers  charged 
by  law  with  making  said  apportionment  shall  notify  the  trustees  of 
the  respective  school  districts  thereof,  who  shall  expend  and  dis- 
burse the  same  as  the  General  Assembly  may  prescribe.  The  Gen- 

1.  The  laws  applying  to  school  districts  Subdivision    XI   of   Sec.    34,   of    Art.    Ill 

and  the  graded  schools  held  not  repealed  of  Const,  of    1895,   must  be  construed   in 

by    this    constitutional    provision.     Martin  connection  with  Sec.  5  of  Art.  XI,  and  so 

v.  School  District  of  Laurens,  57  S.  C.  125.  construed    a  separate    Act    extending   the 

Liberal  provision  for  support  of  schools  boundaries    of    a    school    district    already 

required.     Murph  v.  Landrum,  76  S.  C.  32.  created    may   be   regarded    a   special    pro- 

And    Acts   in   the   interest   of  the   schools  vision  in  a  general  law.     State  v.  McCaw, 

will    be    so    construed.     State,    Spencer    v.  77  S.  C.  351,  58  S.  E.  145. 
McCaw,  67  S.  C.  351. 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  5 

eral  Assembly  shall  define  "enrollment."  Not  less  than  three  trus- 
tees for  each  school  district  shall  be  selected  from  the  qualified  vot- 
ers and  taxpayers  therein,  in  such  manner  and  for  such  terms  as 
the  General  Assembly  may  determine,  except  in  cases  of  special 
school  districts  now  existing,  where  the  provisions  of  law  now  gov- 
erning the  same  shall  remain  until  changed  by  the  General  Assem- 
bly:2 Provided,  The  manner  of  the  selection  of  said  trustees  need 
not  be  uniform  throughout  the  State.  There  shall  be  assessed  on 
all  taxable  polls  in  the  State  between  the  ages  of  twenty-one  and 
sixty  years  (excepting  Confederate  soldiers  above  the  ages  of  fifty) 
an  annual  tax  of  one  dollar  on  each  poll,  the  proceeds  of  which  tax 
shall  be  expended  for  school  purposes  in  the  several  school  districts 
in  which  it  is  collected.  Whenever  during  the  three  next  ensuing 
fiscal  years  the  tax  levied  by  the  said  County  Boards  of  Commis- 
sioners or  similar  officers  and  the  poll  tax  shall  not  yield  an  amount 
equal  to  three  dollars  per  capita  of  the  number  of  children  enrolled 
in  the  public  schools  of  each  county  for  the  scholastic  year  ending 
the  thirty-first  of  October,  in  the  year  eighteen  hundred  and  ninety- 
five,  as  it  appears  in  the  report  of  the  State  Superintendent  of  Edu- 
cation for  said  scholastic  year,  the  Comptroller  General  shall,  for 
the  aforesaid  three  next  ensuing  fiscal  years,  on  the  first  day  of  each 
of  said  years,  levy  such  an  annual  tax  on  the  taxable  property  of 
the  State  as  he  may  determine  to  be  necessary  to  make  up  such  defi- 
ciency, to  be  collected  as  other  State  taxes,  and  apportion  the  same 
among  the  counties  of  the  State  in  proportion  to  the  respective  defi- 
ciencies therein.  The  sum  so  apportioned  shall  be  paid  by  the  State 
Treasurer  to  the  County  Treasurers  of  the  respective  counties,  in 
the  proportion  to  the  deficiencies  therein,  on  the  warrant  of  the 
Comptroller  General,  and  shall  be  apportioned  among  the  school 
districts  of  the  counties,  and  disbursed  as  other  school  funds ;  and 
from  and  after  the  thirty-first  day  of  December  in  the  year  eighteen 
hundred  and  ninety-eight  the  General  Assembly  shall  cause  to  be 
levied  annually  on  all  the  taxable  property  of  the  State  such  a  tax, 
in  addition  to  the  said  tax  levied  by  the  said  County  Boards  of  Com- 
missioners or  similar  officers,  and  poll  tax  above  provided,  as  may 
be  necessary  to  keep  the  schools  open  throughout  the  State  for  such 
length  of  time  in  each  scholastic  year  as  the  General  Assembly  may 
prescribe ;  and  said  tax  shall  be  apportioned  among  the  counties  in 


2.  The  General  Assembly  has  no  power  of  the  district.  Asbill  v.  Martin,  84  S.  C. 
to  disburse  public  school  funds  by  Joint  271,  66  S.  E.  297,  distinguishing  Dickson  v. 
Resolution,  except  through  the  trustees  Burckmeyer,  67  S.  C.  534. 


6  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

proportion  to  the  deficiencies  therein  and  disbursed  as  other  school 
funds.  Any  school  district  may  by  authority  of  the  General  Assem- 
bly levy  an  additional  tax  for  the  support  of  its  schools.3 

§  7.  Separate  schools  shall  be  provided  for  children  of  the  white 
and  colored  races,  and  no  child  of  either  race  shall  ever  be  permitted 
to  attend  a  school  provided  for  children  of  the  other  race.* 

§  8.  The  General  Assembly  may  provide  for  the  maintenance  of 
Clemson  Agricultural  College,  the  University  of  South  Carolina, 
and  the  Winthrop  Normal  and  Industrial  College,  a  branch  thereof, 
as  now  established  by  law,  and  may  create  scholarships  therein ;  the 
proceeds  realized  from  the  land  script  given  by  the  Act  of  Congress 
passed  the  second  day  of  July,  in  the  year  eighteen  hundred  and 
sixty-two,  for  the  support  of  an  agricultural  college,  and  any  lands 
or  funds  which  have  heretofore  been  or  may  hereafter  be  given  or 
appropriated  for  educational  purposes  by  the  Congress  of  the  United 
States,  shall  be  applied  as  directed  in  the  Acts  appropriating  the 
same :  Provided,  That  the  General  Assembly  shall,  as  soon  as  prac- 
ticable, wholly  separate  Claflin  College  from  Claflin  University  and 
provide  for  a  separate  corps  of  professors  and  instructors  therein, 
representation  to  be  given  to  men  and  women  of  the  negro  race; 
and  it  shall  be  the  Colored  Normal,  Industrial,  Agricultural  and 
Mechanical  College  of  this  State. 

§  9.  The  property  or  credit  of  the  State  of  South  Carolina,  or 
of  any  county,  city,  town,  township,  school  district  or  other  sub- 
division of  the  said  State,  or  any  public  money,  from  whatever 
source  derived,  shall  not,  by  gift,  donation,  loan,  contract,  appropria- 
tion, or  otherwise,  be  used,  directly  or  indirectly,  in  aid  or  mainte- 
nance of  any  college,  school,  hospital,  orphan  house,  or  other  insti- 
tution, society  or  organization,  of  whatever  kind,  which  is  wholly 
or  in  part  under  the  direction  or  control  of  any  church  or  of  any 
religious  or  sectarian  denomination,  society  or  organization.5 

§  10.  All  gifts  of  every  kind  for  educational  purposes,  if  accepted 
by  the  General  Assembly,  shall  be  applied  and  used  for  the  purpose 


3.  The    term    "levy"    as    the    three    mill  4.  See    Floyd   v.    News   and   Courier,    71 

tax   imposes   purely  ministerial   duties   on  S.  C.  118. 

the  board,  and  requires  that  it  shall  take  5.  See  Attorney  General's  opinion  as  to 

such  action   as  will  place  the  tax  on  the  what    are    not    violations    of   this    section. 

Auditor's  books.     Dickson  v.  Burckmeyer,  In    the   case   of   the    Epworth    Orphanage, 

67  S.  C.  534.  September  27,  1902;  and  also  Reports  and 

As  to  the  apportionment  of  the  tax,  see  Resolutions,  1905,  Vol.  II,  p.  27. 
Capers  v.  Derham,  54  S.  C.  349;  Murph  v. 
Landrum,   76  S.  C.  32. 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  7 

designated  by  the  giver,  unless  the  same  be  in  conflict  with  the  pro- 
visions of  this  Constitution. 

§  11.  All  gifts  to  the  State  where  the  purpose  is  not  designated, 
all  escheated  property,  the  net  assets  or  funds  of  all  estates  or 
copartnerships  in  the  hands  of  the  Courts  of  the  State  where  there 
have  been  no  claimants  for  the  same  within  the  last  seventy  years, 
and  other  money  coming  into  the  treasury  of  the  State  by  reason  of 
the  twelfth  section  of  an  Act  entitled  "An  Act  to  provide  a  mode 
of  distribution  of  the  moneys  as  direct  tax  from  the  citizens  of 
this  State  by  the  United  States  in  trust  to  the  State  of  South  Caro- 
lina," approved  the  twenty-fourth  day  of  December,  in  the  year  of 
eighteen  hundred  and  ninety-one,  together  with  such  other  means 
as  the  General  Assembly  may  provide,  shall  be  securely  invested  as 
the  State  School  Fund,  and  the  annual  income  thereof  shall  be 
apportioned  by  the  General  Assembly  for  the  purpose  of  maintain- 
ing the  public  schools. 

§  12.  All  the  net  income  to  be  derived  by  the  State  from  the  sale 
or  license  for  the  sale  of  spirituous,  malt,  vinous  and  intoxicating 
liquors  and  beverages,  not  including  so  much  thereof  as  is  now  or 
may  hereafter  be  allowed  by  law  to  go  to  the  counties  and  munic- 
ipal corporations  of  the  State,  shall  be  applied  annually  in  aid  of 
the  supplementary  taxes  provided  for  in  the  sixth  section  of  this 
article ;  and  if  after  said  application  there  should  be  a  surplus,  it 
shall  be  devoted  to  public  school  purposes,  and  apportioned  as  the 
General  Assembly  may  determine:  Provided,  however,  That  the 
said  supplementary  taxes  shall  only  be  levied  when  the  net  income 
aforesaid  from  the  sale  or  license  for  the  sale  of  alcoholic  liquors 
or  leverages  is  not  sufficient  to  meet  and  equalize  the  deficiencies 
for  which  the  said  supplementary  taxes  are  provided.6 

6.  Murray   v.   Wilson   Distilling  Co.,    53        Murph  v.  Landrum,  76  S.  C.  22;  Capers  v. 
L.  Ed.  742,  213  U.  S.  151.  Derham,  54  S.  C.  350. 

How   funds   must  be   apportioned.    See 


Note. — In  addition  to  the  above  provisions  of  the  Constitution,  the 
article  on  Finance  and  Taxation  provides:  (1)  That  the  property  of  all 
schools,  colleges  and  institutions  of  learning,  except  where  the  profits 
of  such  are  applied  to  private  uses,  shall  be  exempted  from  taxation. 
(2)  That  the  bonded  debt  of  any  school  district  shall  never  exceed  eight 
per  centum  of  the  assessed  value  of  all  the  taxable  property  therein. 


8  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA 

§  1698.  State  Superintendent  of  Education — His  Election, 
Bond,  and  Salary. — The  State  Superintendent  of  Education  shall 
be  elected  at  each  general  election,  in  the  same  manner  as  other 
State  officers,  and  shall  enter  upon  the  duties  of  his  office  at  the 
time  prescribed  by  law.  Before  entering  upon  the  duties  of  his 
office,  he  shall  give  bond,  for  the  use  of  the  State  of  South  Carolina, 
in  the  penal  sum  of  five  thousand  ($5,000.00)  dollars,  with  good 
and  sufficient  sureties,  to  be  approved  by  the  Governor,  conditioned 
for  the  faithful  and  impartial  performance  of  the  duties  of  his 
office;  and  he  shall  also,  at  the  time  of  giving  bond,  take  and  sub- 
scribe the  oath  prescribed  in  Section  26  of  Article  III  of  the  Consti- 
tution of  the  State,  which  shall  be  indorsed  upon  the  back  of  said 
bond;  and  the  bond  shall  be  filed  with  the  Secretary  of  State,  and 
by  him  recorded,  and  when  so  recorded  shall  be  filed  with  the  State 
Treasurer.  The  State  Superintendent  of  Education  shall  receive 
as  compensation  for  his  services  the  sum  of  twenty-five  hundred 
($2,500.00)  dollars  per  annum,  payable  monthly  out  of  the  State 
treasury;  and  his  traveling  expenses,  not  exceeding  six  hundred 
($600.00)  dollars,  shall  be  paid  out  of  the  State  treasury  upon  duly 
itemized  accounts  rendered  by  him. 

Civil  1902,  §  1174;  1896,  XXII,  150;  1901,  XXIII,  750.  Amended 
1919. 

§  1699.  Duties. — He  shall  have  general  supervision  over  all  the 
public  school  funds,  and  it  shall  be  his  duty  to  visit  every  county  in 
the  State  as  often  as  practicable  for  the  purpose  of  inspecting  the 
schools,  awakening  an  interest  favorable  to  the  cause  of  education, 
and  diffusing  as  widely  as  possible,  by  public  addresses  and  personal 
communications  with  school  officers,  teachers  and  parents,  a  knowl- 
edge of  existing  defects  and  of  desirable  improvements  in  the  gov- 
ernment and  instruction  of  the  said  schools.  He  shall  secure,  by 
and  with  the  advice  of  the  State  Board  of  Education,  uniformity  in 
the  use  of  textbooks  throughout  the  free  public  schools  of  the  State, 
and  shall  forbid  the  use  of  sectarian  or  partisan  books  and  instruc- 
tion in  said  schools.  He  shall  prepare  and  transmit  to  the  several 
County  Superintendents  of  Education  school  registers,  blank  cer- 
tificates, reports  and  such  other  suitable  blanks,  forms  and  printed 
instructions  as  may  be  necessary  to  aid  school  officers  and  teachers 
in  making  their  reports  and  carrying  into  full  effect  the  various  pro- 
visions of  the  school  laws  of  this  State;  and  shall  cause  the  law 
relating  to  the  free  public  schools,  with  such  rules,  regulations,  forms 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  9 

and  instructions  as  shall  be  legally  prescribed,  to  be  printed,  together 
with  a  suitable  index,  in  pamphlet  form,  at  the  expense  of  the  State ; 
and  he  shall  cause  copies  of  the  same  to  be  transmitted  to  the  several 
County  Superintendents  of  Education  for  distribution.  He  shall 
collect  in  his  office  such  school  books,  apparatus,  maps  and  charts  as 
can  be  obtained.  He  may  certify  copies  of  all  papers  filed  in  his 
office,  and  such  certified  copies  shall  be  competent  evidence  thereof. 

Civil  1902,  §  1175;  1896,  XXII,  150. 

Note. — The  State  Superintendent  has  general  supervision  over  all  pub- 
lic schools  and  school  funds.  Duncan  v.  Heyward,  74  S.  C.  565;  78  S.  C. 
243.  No  fee  can  be  charged  pupils  entitled  to  attend  such  schools. 
Attorney  General's  opinion,  1903,  Reports  and  Resolutions,  1904,  p.  1062. 
Though  such  fees  may  be  charged  under  some  special  charter.  Attor- 
ney General's  opinion,  1901,  October  15. 

§  1700.  To  Report  to  General  Assembly. — He  shall  make  a 
report,  through  the  Governor,  to  the  General  Assembly  at  each  regu- 
lar session  thereof  showing:  (1)  The  whole  number  of  pupils  reg- 
istered in  and  the  number  enrolled  as  hereinafter  defined  in  the  free 
common  schools  of  this  State  during  the  year  ending  the  thirtieth 
day  of  the  last  preceding  June,  and  the  number  in  each  county  regis- 
tered in  and  the  number  enrolled  as  hereinafter  defined  during  the 
same  period.  (2)  The  number  of  whites  and  the  number  of  colored, 
of  each  sex,  attending  the  said  schools.  (3)  The  number  of  free 
schools  in  the  State.  (4)  The  number  of  pupils  studying  each  of 
the  branches  taught.  (5)  The  average  wages  paid  to  teachers  of 
each  sex,  and  to  the  principals  of  schools  and  departments  in  said 
schools.  (6)  The  number  of  schoolhouses  erected  during  the  year, 
and  the  location,  material  and  cost  thereof.  (7)  The  number  previ- 
ously erected,  and  the  material  of  their  construction,  and  their  con- 
dition and  value,  and  the  number  with  the  grounds  enclosed.  (8) 
The  counties  in  which  teachers'  institutes  were  held,  and  the  num- 
ber attending  the  institutes  in  each  county.  (9)  Such  other  statis- 
tical information  as  he  may  deem  important,  together  with  such 
plans  as  he  may  have  matured  and  the  State  Board  of  Education 
may  have  recommended  for  the  management  and  improvement  of 
the  school  fund  and  for  the  more  perfect  organization  and  efficiency 
of  the  free  public  schools.  All  State  institutions  of  higher  learning 
shall  make  an  annual  report  on  or  before  the  first  day  of  September 
of  each  year  to  the  State  Superintendent  of  Education,  embracing  a 
detailed  account  of  the  operations  of  such  institutions,  including  the 


10  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

expenditure  of  the  public  moneys  for  the  current  scholastic  year,, 
which  reports  the  State  Superintendent  of  Education  shall  include 
in  his  annual  report  to  the  Legislature.  All  Acts  or  parts  of  Acts- 
requiring  annual  reports  to  be  made  to  other  authorities  are  hereby 
repealed. 

Civil  1902,  §  1176;  1896,  XXII,  150. 

Note. — As  to  erection  of  schoolhouses,  see  Attorney  General's  opinion, 
May  12,  1916. 

§  1701.  Salary  of  Clerk. — The  sum  of  nine  hundred  dollars 
shall  be  allowed  to  the  Superintendent  of  Education  for  the  purpose 
of  defraying  the  expenses  of  clerk  hire  in  his  office. 

Civil  1902,  §  1177;  1896,  XXII,  150. 

§  1702.  State  Treasurer  to  Hold  Devise  or  Bequest  to 
State  for  Educational  Purposes,  Etc. — The  State  Treasurer 
shall  take  and  hold  in  trust  for  the  State  any  grant  or  devise  of 
lands  and  any  gift  or  bequest  of  money  or  other  personal  property 
made  to  him  for  educational  purposes,  all  gifts  to  the  State  where 
the  purpose  is  not  designated,  all  escheated  property,  the  net  assets 
or  funds  of  all  estates  or  copartnerships  in  the  hands  of  the  Courts 
of  the  State  where  there  have  been  no  claimants  for  the  same  within 
the  last  seventy  years,  and  other  money  coming  into  the  treasury 
of  the  State  by  reason  of  the  twelfth  section  of  an  Act  entitled  "An 
Act  to  provide  a  mode  of  distribution  of  the  moneys  as  direct  tax 
from  the  citizens  of  this  State  by  the  United  States  in  trust  to  the 
State  of  South  Carolina,"  approved  the  twenty-fourth  day  of  Decem- 
ber, in  the  year  eighteen  hundred  and  ninety-one,  together  with  such 
other  means  as  the  General  Assembly  may  provide.  The  State 
Treasurer  shall  from  time  to  time  invest  in  bonds  of  this  State  or 
of  the  United  States,  or  in  bonds  of  any  county,  school  district  or 
municipality  within  the  State  of  South  Carolina,  all  such  money  in 
the  name  of  the  State,  as  permanent  State  school  fund,  and  shall 
pay  out  the  income  derived  therefrom  to  the  county  or  the  counties 
of  the  State  as  the  same  may  be  apportioned  among  said  counties 
by  the  State  Board  of  Education:  Provided,  That  no  disposition 
shall  be  made  of  any  property,  grant,  devise,  gift,  or  bequest,  incon- 
sistent with  the  purpose,  conditions  or  terms  thereof.  For  the  faith- 
ful management  of  all  property  so  received  by  the  State  Treasurer, 
he  shall  be  responsible  upon  his  bond  to  the  State  as  for  other  funds 
received  by  him  in  his  official  capacity :  Provided,  however,  That  the 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  U 

trustees  of  any  school  district  of  this  State  may  take  and  hold  in 
trust  for  their  particular  school  district  any  property  granted, 
devised,  given  or  bequeathed  to  such  school  district,  and  apply  the 
same  in  interest  of  the  schools  of  their  district  in  such  manner  as 
in  their  judgment  seems  most  conducive  to  the  welfare  of  the 
schools  when  not  otherwise  directed  by  the  terms  of  the  grant, 
devise,  gift  or  bequest :  And  provided,  further,  That  before  said 
trustees  shall  assume  control  of  any  grant,  devise,  gift  or  bequest 
they  shall  give  bond,  to  be  approved  by  the  County  Board  of  Edu- 
cation of  the  county  in  which  such  grant,  devise,  gift  or  bequest  is 
made,  conditioned  for  the  faithful  discharge  of  the  trust  reposed  in 
them  in  respect  to  said  property,  which  bond  shall  be  deposited  with 
the  Clerk  of  the  Court  of  said  county.  The  said  trustees  are  hereby 
invested  with  the  care  and  custody  of  all  schoolhouse  or  other  school 
property  belonging  to  their  school  districts,  with  full  power  to  con- 
trol the  same  in  such  manner  as  they  may  think  will  best  subserve 
the  interest  of  the  free  public  schools  and  the  cause' of  education. 

Civil  1902,  §  1178;  1896,  XXII,  150.     Amended  1917.     Acts,  384. 

§  1703.  Other  Duties. — The  State  Superintendent  of  Educa- 
tion shall  discharge  such  other  duties  as  may  be  provided  by  law; 
and  he  shall  deliver  to  his  successor,  within  ten  days  after  the  expira- 
tion of  his  term  of  office,  all  books,  papers,  documents  and  other 
property  belonging  to  his  office. 

Civil  1902,  §  1179;  1896,  XXII,  150. 

§  1704.  Vacancy — How  Filled. — In  case  a  vacancy  occurs  in 
the  office  of  State  Superintendent  of  Education,  from  any  cause, 
such  vacancy  shall  be  filled  by  the  Governor,  by  and  with  the  advice 
and  consent  of  the  Senate,  and  the  person  so  appointed  shall  qualify 
within  fifteen  days  from  the  date  of  sucfc  appointment,  or  else  the 
office  shall  be  deemed  vacant.  If  the  vacancy  occur  during  the  recess 
of  the  Senate,  the  Governor  shall  fill  the  same  by  appointment  until 
the  Senate  can  act  thereon. 

Civil  1902,  §  1180;  1896,  XXII,  150. 

§  1705.  State  Board  of  Education. — The  Governor,  the  Super- 
intendent of  Education,  and  seven  persons,  one  from  each  Congres- 
sional District,  to  be  appointed  by  the  Governor,  who  shall  hold  office 
for  four  years,  and  until  their  successors  may  be  appointed,  unless 
sooner  removed  by  the  Governor,  shall  constitute  the  State  Board  of 


12  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

Education.  Of  this  Board  the  Governor  shall  be  ex  officio  Chair- 
man, and  the  State  Superintendent  of  Education  shall  be  Secretary 
of  the  Board.  The  Secretary  shall  be  custodian  of  the  records, 
papers  and  effects,  and  shall  keep  minutes  of  its  proceedings;  and 
said  records,  papers  and  minutes  shall  be  kept  in  the  office  of  the 
State  Superintendent  of  Education  and  shall  be  open  to  inspection 
by  the  public. 

Civil  1902,  §  1181;  1896,  XXII,  150. 

§  1 706.  Meetings  of  Board  —  Compensation.  —  The  said 
Board  shall  meet  on  the  call  of  its  Chairman,  or  upon  the  request  of 
a  majority  of  its  members,  at  the  office  of  the  State  Superintendent 
of  Education,  or  at  such  other  place  as  may  be  designated  in  the  call. 
A  majority  of  the  Board  shall  constitute  a  quorum  for  transacting 
business.  The  official  seal  of  the  State  Superintendent  of  Educa- 
tion shall  be  used  for  the  authentication  of  the  acts  of  the  State 
Board.  The  members  of  the  State  Board  of  Education  appointed 
by  the  Governor  shall  receive  as  compensation  four  dollars  per  diem 
and  mileage  as  is  provided  for  members  of  the  General  Assembly, 
not  exceeding  twenty  days  in  any  one  year. 

Civil  1902,  §  1182;  1896,  XXII,  150. 

§  1 707.  Advisory  Board  to  Superintendent  of  Education — 
Powers  in  Cases  of  Appeal. — The  State  Board  of  Education  shall 
constitute  an  advisory  body,  with  whom  the  State  Superintendent  of 
Education  shall  have  the  right  to  consult  when  he  is  in  doubt  as  to 
his  official  duty ;  and  shall  have  the  power  to  review  on  appeal  all 
decisions  of  the  County  Boards  of  Education,  as  hereinafter  pro- 
vided for.  Appeals  to  the  State  Board  of  Education  must  be  made 
through  the  County  Boards  of  Education,  in  writing,  and  must  dis- 
tinctly set  forth  the  question  of  law,  as  well  as  the  facts  of  the  case, 
upon  which  the  appeal  is  taken,  and  the  'decision  of  the  State  Board 
shall  be  final  upon  the  matter  at  issue. 

Civil  1902,  §  1183;  1896,  XXII,  150. 

Note. — The  remedy  against  illegal  acts  of  County  Boards  of  Education 
is  by  appeal  to  the  State  Board.  Greenville  College  for  Women  v. 
County  Board  of  Education,  75  S.  C.  93;  State  v.  Daniel,  52  S.  C.  201; 
Sligh  v.  Bowers,  .62  S.  C.  409.  The  appeal  operates  as  a  supersedas. 
Attorney  General's  opinion.  1905,  p.  41.  As  to  procedure  on  appeal  to 
State  Board  of  Education,  see  Attorney  General's  opinion,  June  24,  1913. 

§  1708.  The  State  Board  of  Education  shall  have  power:  (1) 
To  adopt  rules  and  regulations  not  inconsistent  with  the  laws  of  the 


GENERAL  SCHOOL  LAW.  OF  SOUTH  CAROLINA.  13 

State  for  its  own  government  and  for  the  government  of  the  free 
public  schools.  (2)  To  prescribe  and  enforce  rules  for  the  exam- 
ination of  teachers.  (3)  To  prescribe  a  standard  of  proficiency 
before  County  Boards  of  Education,  which  will  entitle  persons  exam- 
ined by  such  Boards  to  certificates  as  teachers.  (4)  To  prescribe 
and  enforce  the  course  of  study  in  the  free  public  schools.  (5)  To 
prescribe  and  enforce,  as  far  as  practicable,  the  use  of  a  uniform 
series  of  textbooks  in  the  free  public  schools  of  the  State ;  to  enter 
into  an  agreement  with  the  publishers  of  the  books  prescribed,  fixing 
the  time  of  prescription  and  the  price  above  which  the  books  shall 
not  be  retailed  during  the  period  of  prescription  and  a  rate  of  dis- 
count at  not  less  than  which  the  books  shall  be  furnished  by  the 
retail  dealers  in  this  State ;  to  require  the  publishers,  in  the  discre- 
tion of  the  Board  to  establish  in  each  county  one  or  more  depos- 
itories of  their  books  within  the  State,  at  such  place  or  places  as  the 
Board  may  designate,  and  where  such  books  may  be  obtained  with- 
out delay;  and  to  exact  of  the  publishers  a  bond  in  the  sum  of  not 
more  than  five  thousand  ($5,000.00)  dollars,  conditioned  for  the 
faithful  performance  of  the  agreement,  and  with  a  penalty  of  twenty- 
five  ($25.00)  dollars  for  each  violation  of  the  agreement,  the  form 
and  execution  of  the  bond  to  be  approved  by  the  Attorney  General 
of  the  State,  which  agreement  and  bond  shall  be  deposited  with  the 
State  Treasurer,  all  recoveries  thereon  to  go  into  the  State  treasury 
for  school  purposes :  Provided,  That  the  State  Board  of  Education 
shall  not  have  power,  without  permission  of  the  General  Assembly 
of  the  State,  to  change  a  textbook  within  five  (5)  years  from  the 
date  of  its  adoption  except  for  violation  of  the  agreement  entered 
into  by  its  publisher  with  the  State  Board  of  Education,  for  which 
caus£  it  may  be  changed  by  the  said  Board :  And  provided,  further, 
That  not  more  than  fifty  per  cent,  of  the  exchangeable  books  used 
in  the  first,  second  and  third  grades,  and  not  more  than  fifty  per  cent, 
of  the  exchangeable  books  used  in  the  fourth,  fifth,  sixth  and  sev- 
enth grades,  and  not  more  than  fifty  per  cent,  of  the  exchangeable 
books  used  in  the  high  school  grades,  as  designated  by  the  State 
Board  of  Education,  shall  be  changed  at  any  one  adoption.  Every 
change  for  the  textbook  adopted  for  any  subject  or  grade  shall  be 
based  on  at  least  one  reason  to  be  assigned  for  the  change  by  the 
State  Board  of  Education  in  writing,  and  the  vote  of  the  Board  mak- 
ing such  change  shall  be  recorded  in  the  minutes  of  said  Board,  and 
shall  be  taken  on  a  roll  call,  said  roll  call  to  be  recorded  in  said  min- 


14  GSNKRAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

utes.  The  meetings  of  the  State  Board  of  Education  at  which  text- 
books may  be  adopted,  shall  be  public ;  and  it  shall  be  unlawful  for 
•any  teacher  drawing  public  school  money  to  use  any  book  not  pre- 
scribed by  the  State  Board  of  Education  without  the  consent  in 
writing,  of  said  Board.  (6)  To  grant  State  teachers'  certificates 
and  to  revoke  them  for  immoral  or  unprofessional  conduct,  profan- 
ity or  evident  unfitness  for  teaching.  (7)  To  review  on  appeal  an 
order  revoking  a  county  certificate.  (8)  To  award  scholarships 
created  by  the  General  Assembly  in  the  institutions  of  learning  in 
whole  or  in  part  supported  by  the  State. 

§  2.  Inconsistent  Acts  Repealed. — That  all  Acts  and  parts  of 
Acts  inconsistent  with  this  Act  are  hereby  repealed. 

Approved  the  eleventh  day  of  March,  A.  D.  1915. 

Note. — There  is  no  indication  in  this  section  that  State  Board  of 
Education  may  not  provide  by  contract  with  publishers  of  school  text- 
books to  maintain  at  State  Capital  a  central  wholesale  depository  from 
which  its  agencies  and  the  county  depositories  may  be  supplied  at  dis- 
count of  not  less  than  ten  per  cent.  Duncan  v.  State  Board,  74  S.  C.  560, 
affirmed  in  78  S.  C.  227.  As  to  teachers'  certificates,  see  Attorney  Gen- 
eral's opinion,  April  1,  1914.  As  to  power  of  State  Superintendent  in 
making  contracts  for  the  adoption  and  sale  of  school  books  within  the 
State,  see  Johnson  Publishing  Co.  v.  State  Board  of  Education,  91 
S.  C.  55. 

Approved  the  eleventh  day  of  March,  A.  D.  1915. 
Civil  1912,  §  1708.     Amended  1914. 

§  1709.  State  Board  of  Education  to  Award  Certain  Schol- 
arships.— The  scholarships  provided  by  law  in  the  University  of 
South  Carolina,  in  the  Clemson  Agricultural  College,  in  The  Citadel, 
the  Military  College  of  South  Carolina,  and  in  the  Winthrop  Nor- 
mal and  Industrial  College  shall  be  awarded  by  the  State  Board  of 
Education  upon  the  recommendation  of  the  faculties  of  the  respec- 
tive institutions,  or  of  such  committee  as  may  be  appointed  for  that 
purpose  by  the  Boards  of  Trustees  of  those  institutions. 

1911,  XXVII,  113. 

§  1710.  Dates  of  Competitive  Examinations. — These  rec- 
ommendations shall  be  determined  by  competitive  examinations. 
The  dates  of  these  examinations  shall  be  as  follows :  For  the  Uni- 
versity of  South  Carolina  and  for  the  Clemson  Agricultural  College, 
the  second  Friday  in  July  of  each  year.  For  The  Citadel,  the  Mili- 
tary College  of  South  Carolina,  the  second  Friday  in  August  of 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  15 

«each  year.  For  the  Winthrop  Normal  and  Industrial  College,  the 
first  Friday  in  July  of  each  year. 

1911,  XXVII,  113. 

Note. — In  case  of  flood,  storm  or  other  extraordinary  circumstances 
preventing  the  holding  of  examinations  on  these  dates,  other  dates  may 
be  set  by  presidents  of  the  respective  colleges.  Attorney  General's 
opinion,  1916. 

§    1711.    Conditions  and  Methods  of  Examinations. — The 

conditions  and  methods  of  these  examinations  shall  be  as  follows: 
No  person  who  during  the  current  year  has  won  or  holds  a  scholar- 
ship at  one  State  institution  shall  be  eligible  to  stand  an  examination 
for  a  scholarship  in  any  other  State  institution.  No  applicant  for  a 
scholarship  shall  be  eligible  to  stand  an  examination  for  a  scholar- 
ship if  such  applicant  has  already  attended  the  institution  for  which 
the  scholarship  is  intended,  or  any  other  institution  of  higher  learn- 
ing known  as  college  or  university:  Provided,  That  this  condition 
shall  not  apply  where  there  is  no  other  applicant.  No  student  who 
has  forfeited  a  free  scholarship  because  of  failure  to  maintain  him- 
self shall  be  eligible  to  compete  for  reappointment  at  the  same  insti- 
tution or  appointment  in  any  other  institution.  No  applicant  shall 
be  debarred  from  any  of  these  examinations  by  reason  of  the  fact 
that  he  or  she  has  not  obtained  a  permit  to  stand.  The  questions 
for  these  examinations  shall  be  prepared  under  the  direction  of  the 
presiding  officers  of  the  several  institutions,  and  shall  be  forwarded 
to  the  respective  County  Superintendents  of  Education  ten  days 
before  the  dates  appointed  for  the  respective  examinations.  The 
said  County  Superintendents  of  Education  shall  hold  the  said  exam- 
inations under  such  rules  as  may  be  prescribed  by  the  respective 
institutions  and  approved  by  the  State  Board  of  Education,  and  the 
County  Superintendent  of  Education  shall  forward  the  papers  to 
the  presiding  officers  of  the  several  institutions.  The  papers  shall 
be  examined  under  the  direction  of  the  presiding  officers  of  the 
respective  institutions,  and  the  faculty  of  each  institution,  or  such 
committee  as  the  Board  of  Trustees  thereof  may  appoint  for  that 
purpose,  shall  make  recommendations  as  to  the  award  of  the  scholar- 
ships to  the  State  Board  of  Education.  Each  institution  shall  have 
the  right  to  reject  any  applicant  who,  in  respect  of  age,  of  examina- 
tion papers,  or  on  any  respect,  fails  to  meet  its  requirements  for 
admission. 

1911,  XXVII,  113. 


16  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

§  171  la.  No  scholarship  shall  be  awarded  to  any  boy  or  girl  by 
any  State  college  of  this  State  when  such  boy  or  girl  has  resided 
less  than  six  months  in  the  county  from  which  said  boy  or  girl 
applies  for  such  scholarship :  Provided,  That  the  provisions  of  this 
Act  shall  not  apply  to  boys  or  girls  of  ministers  of  gospel  in  this 
State. 

Amended  1918.     Approved  December  28,  1918. 

§  1712.  Vacancies — How  Filled. — If  a  vacancy  shall  occur 
in  a  scholarship  for  which  there  is  no  eligible  applicant  from  the 
county  to  which  that  scholarship  belongs,  the  faculty  of  the  institu- 
tion in  which  that  vacancy  occurs,  or  the  committee  to  which  this 
duty  has  been  entrusted  by  the  Board  of  Trustees,  may  fill  the 
vacancy  by  appointment  of  any  applicant  from  the  State  at  large : 
Provided,  That  when  such  vacancy  is  filled  by  such  appointment  at 
large  the  scholarship  shall  again  become  vacant  at  the  end  of  the 
current  session  if  there  is  an  eligible  applicant  from  the  county  to 
which  the  scholarship  regularly  belongs. 

1911,  XXVII,  113. 

§  1713.  Requirement  as  to  Scholarships. — Those  receiving 
scholarships  in  the  University  of  South  Carolina  shall  be  required  to 
take  the  regular  teachers'  normal  course. 

1911,  XXVII,  113. 

§  1714.  Normal  Scholars  Deposit  Notes. — All  holders  of 
normal  scholarships  in  the  University  of  South  Carolina  shall  be 
required  at  the  time  of  the  receipt  of  any  scholarship  funds  by  them 
to  deposit  with  the  treasurer  of  the  university  their  notes  for  the 
amount  of  scholarship  money  received,  promising  to  repay  such 
money  to  the  State  Treasurer  at  or  before  the  expiration  of  eight 
years  after  date  of  such  receipt,  which  notes  and  promises  shall  be 
cancelled  on  presentation  to  the  dean  of  the  department  of  education 
of  satisfactory  evidence  of  the  promissors'  having  taught  school  in 
South  Carolina  for  two  years  after  leaving  the  institution. 

1911,  XXVII,  113. 

§  1714a.  Award  of  Scholarships  in  Winthrop  Regulated. — 

After  the  approval  of  this  Act,  in  counties  to  which  less  than  four 
free  scholarships  in  Winthrop  College  are  apportioned,  at  least  one 
such  scholarship  shall  be  open  exclusively  to  applicants  from  rural 
communities,  and  in  counties  having  more  than  four  such  scholar- 


SCHOOL,  LAW  OF  SOUTH  CAROLINA.  17 

ships  at  least  two  shall  be  open  exclusively  to  applicants  from  rural 
communities:  Provided,  That  nothing  herein  contained  shall  pre- 
vent applicants  from  rural  communities  from  contesting  for  any 
such  scholarships:  Provided,  The  said  applicants  from  rural  com- 
munities make  the  required  entrance  examination  average;  if  they 
do  not,  then  the  award  of  the  scholarship  shall  revert  to  such  other 
applicant  or  applicants  who  make  the  required  average. 

1912,  XXVII,  685. 

§  1714b.  Beneficiary  Scholarships  to  Clemson  to  Be 
Awarded — How. — The  beneficiary  scholarships  in  Clemson  Agri- 
cultural and  Mechanical  College  as  now  apportioned  among  the  sev- 
eral counties  shall  be  awarded  as  hereinafter  provided,  to  wit:  In 
counties  having  less  than  four  such  scholarships,  one  shall  be  open 
exclusively  to  boys  from  rural  communities,  and  in  counties  having 
four  or  more  such  scholarships,  at  least  two  thereof  shall  be  open 
exclusively  to  boys  from  rural  communities :  Provided,  That  noth- 
ing herein  shall  exclude  boys  residing  in  rural  communities  from 
also  contesting  for  any  of  such  scholarships. 

1912,  XXVII,  685. 

§  1714c.  Beneficiary  Scholarships  for  Clemson,  — *  There 
are  hereby  established  and  created  fifty-one  beneficiary  agricultural 
scholarships  in  the  Clemson  Agricultural  College  of  South  Carolina, 
said  scholarships  to  be  of  the  value  of  $100.00  per  annum,  and  free 
tuition,  and  to  be  awarded  so  that  there  shall  be  one  scholarship  to 
each  county  and  seven  scholarships  from  the  State  at  large. 

1912,  XXVII,  686. 

§  1714d.  Scholarships  to  Be  Awarded — How. — The  said 
scholarships  shall  be  awarded  as  a  prize  for  meritorious  agricultural 
achievement  under  the  following  conditions :  On  or  before  July  1st 
the  County  Executive  Committee  or  other  governing  Board  of  the 
most  representative  and  well-organized  agricultural  association  or 
society  or  organization  of  farmers  in  the  county,  as  determined  from 
time  to  time  by  the  Board  of  Trustees  of  Clemson  Agricultural  Col- 
lege, shall  recommend  to  the  President  of  the  said  Clemson  Agricul- 
tural College,  in  order  of  merit,  three  or  more  young  men  who  have 
done  creditable  work  of  an  agricultural  nature,  giving  an  explicit 
statement  of  the  work  done  by  each.  The  young  men  thus  recom- 
mended shall  be  notified  by  the  president  of  the  college  and  shall 


18  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

stand  examination  at  the  county  seat  at  the  same  time  and  under 
the  same  conditions  as  other  scholarship  applicants,  except  that  no 
certificate  of  financial  inability  shall  be  required.  In  the  event  of 
there  being  no  such  agricultural  association  or  society  or  organiza- 
tion of  farmers  in  any  particular  county,  the  director  of  the  agri- 
cultural department  of  the  said  Clemson  Agricultural  College  shall 
solicit  opinions  from  three  or  more  representative  farmers  in  the 
said  county,  and  from  these  recommendations  prepare  a  list,  which 
shall  be  submitted  to  the  president  of  the  college  in  lieu  of  the  rec- 
ommendation of  the  said  Executive  Committee  or  other  governing 
Board  of  such  agricultural  association,  society  or  organization  of 
farmers. 

1912,  XXVII,  686. 

§1714e.  Scholarships  at  Large. — Recommendations  for  the 
seven  scholarships  at  large  shall  be  made  in  every  way  as  for  the 
county  scholarships,  except  that  the  Executive  Committee  or  other 
governing  Board  of  the  most  representative  and  well-recognized 
association  or  society  or  organization  of  farmers  in  the  State  at 
large,  as  determined  from  time  to  time  by  the  Board  of  Trustees  of 
Clemson  Agricultural  College,  shall  act  instead  of  the  County  Exec- 
utive Committee  or  other  governing  Board  hereinbefore  mentioned 
in  Section  1714d. 

1912,  XXVII,  686. 

§  1714f.  Age  Limit. — Any  student  as  above  recommended  for 
meritorious  agricultural  service  shall,  as  a  prerequisite  to  admission 
to  the  Clemson  Agricultural  College,  be  of  such  age  as  is  fixed  by 
the  Board  of  Trustees  for  admission  of  other  students,  and  shall 
have  passed  the  entrance  examinations  as  required  of  other  benefi- 
ciary scholarship  students. 

1912,  XXVII,  686. 

§  1714g.  Board  of  Education  to  Appoint. — The  faculty  of 
the  said  Clemson  Agricultural  College,  or  committee  designated  by 
the  Board  of  Trustees  for  that  purpose,  shall  recommend  to  the 
State  Board  of  Education  for  appointment  to  the  scholarship  one  of 
the  young  men  on  the  list  of  those  recommended  who  has  success- 
fully passed  the  examination  and  is  otherwise  qualified. 

1912,  XXVII,  686. 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  19 

§  1714H.  How  Scholarships  to  Be  Paid  For  —  Term  of 
Scholarship. — The  said  scholarships  shall  be  paid  from  the  income 
of  the  said  Clemson  Agricultural  College  as  now  provided  by  law, 
and  each  shall  continue  for  a  term  not  exceeding  one  year,  or  for 
such  length  of  time  as  the  beneficiary  shall  be  able  to  maintain  him- 
self as  a  student  of  the  college;  and  the  said  sum  of  $100.00  per 
annum  shall  be  placed  to  the  credit  of  each  beneficiary  and  applied 
to  the  payment  of  his  board  and  other  necessary  expenses. 

1912,  XXVII,  686. 

§  1715.  Enrollment  Denned. — No  child  shall  be  counted  in 
the  enrollment  more  than  once,  nor  in  more  than  one  school  district 
in  any  one  school  year,  and  the  school  officer  charged  with  the  duty 
of  enrollment  wilfully  violating  this  provision  shall  be  guilty  of  a 
misdemeanor.  The  teacher  or  principal  of  every  school  shall  keep 
and  furnish  annually  to  the  Trustees  of  the  school  district  a  list  of 
all  pupils  that  have  attended  the  school  during  the  preceding  scho- 
lastic year,  showing  the  names  of  the  pupils,  their  respective  places 
of  residence  and  the  number  of  days  each  pupil  has  attended,  which 
list  shall  be  certified  to  the  County  Board  of  Education  by  said  Trus- 
tees on  or  before  the  first  day  of  August  in  every  year. 

Civil  1902,  §  1185;  1896,  XXII,  150. 

§  1716.  Enrollment  in  Night  Schools  to  Be  Counted  in 
Apportionment. — Whenever  any  children  of  school  age,  as  pro- 
vided by  law,  shall  attend  a  public  night  school  for  twenty  nights  in 
any  scholastic  year,  they  shall  be  deemed  enrolled  and  their  names 
shall  be  used  by  the  County  Boards  of  Education  in  making  appor- 
tionments just  as  if  they  had  attended  day  school  ten  days,  as  pro- 
vided by  law :  Provided,  That  the  said  night  schools  shall  be  taught 
by  teachers  qualified  by  law  to  teach  in  the  public  schools  of  the 
State:  And  provided,  also,  That  the  course  of  study  shall  be  the 
course  approved  by  the  State  Board  of  Education  for  use  in  the 
public  schools  of  the  State. 

The  same  children  shall  not  be  counted  twice  in  making  up  the 
enrollment  of  a  school  district. 

1905,  XXIV,  960. 


20  GKNERAIV  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

§  1717.  County  Superintendent  of  Education — Election-: — 
Term — Bond — To  Qualify  Immediately — Failure  in  Thirty 
Days  Creates  Vacancy  —  Act  Not  to  Apply  to  Bamberg, 
Saluda  and  Berkeley — Not  to  Affect  Superintendents  Now 
in  Office. — There  shall  be  elected  by  the  qualified  electors  of  the 
county  a  County  Superintendent  of  Education  for  each  county,  who 
shall  hold  his  office  for  a  term  of  four  years  and  until  his  successor 
is  elected  and  qualified.  He  shall,  before  being  commissioned  and 
entering  upon  the  duties  of  his  office,  give  bond  to  the  State,  for  the 
use  of  the  county  in  which  he  is  elected,  for  educational  purposes, 
in  the  penal  sum  of  one  thousand  ($1,000.00)  dollars,  with  good  and 
sufficient  sureties,  to  be  approved  by  the  County  Board  of  Commis- 
sioners, conditioned  for  the  faithful  and  impartial  discharge  of  the 
duties  of  his  office;  and  shall  take  and  subscribe  the  oath  of  office 
prescribed  in  Section  26,  Article  III  of  the  Constitution  of  this  State, 
which  he  shall  file  in  the  office  of  the  Secretary  of  State.  When 
commissioned  he  shall  immediately  enter  upon  the  discharge  of  his 
duties.  His  failure  to  qualify  within  thirty  days  after  notice  of  his 
election  shall  create  a  vacancy :  Provided,  That  in  any  county  where 
the  term  of  office  of  the  County  Superintendent  of  Education  now 
expires  in  January  such  term  is  hereby  extended  to  July  1st  follow- 
ing such  expiration :  And  provided,  further,  That  the  term  of  office 
of  the  County  Superintendent  of  Education  shall  run  from  July  1st 
throughout  four  consecutive  scholastic  years  in  each  county:  Pro- 
vided, The  provisions  of  this  Act  shall  not  apply  to  the  counties  of 
Bamberg  and  Saluda :  Provided,  The  provisions  of  this  Act  shall 
not  apply  to  Berkeley  county,  but  the  term  of  office  for  the  County 
Superintendent  of  Education  for  Berkeley  county  shall  remain  two 
years :  Provided,  That  this  Act  shall  not  be  construed  to  extend  to 
four  years  the  term  of  office  of  any  Superintendent  already  elected 
foV  two  years. 

§  2.  Inconsistent  Acts  Repealed. — All  Acts  and  parts  of  Acts 
inconsistent  with  this  Act  be,  and  the  same  are  hereby,  repealed. 

Approved  the  eleventh  day.  of  March,  A.  D.  1915. 

Note. — County  Superintendent  of  Education.  Removal  from  office  for 
misconduct,  see  Attorney  General's  opinion,  January  25,  1915.  Vacancy 
in  office  of  County  Superintendent,  see  Attorney  General's  opinion, 
February  19,  1915. 


GENERAL,  SCHOOL  LAW  OF  SOUTH  CAROLINA.  21 

§  1718.  Vacancies. — The  State  Board  of  Education  shall  fill 
all  vacancies  in  the  office  of  County  Superintendent  of  Education 
for  the  unexpired  term. 

Note. — See  Attorney  General's  opinion,  December  22,  1915. 

§  1719.  Duty  to  Visit  Schools,  Etc. — It  shall  be  the  duty  of 
each  County  Superintendent  of  Education  to  visit  the  schools  in  his 
county  at  least  once  in  each  year,  and  oftener  if  practicable,  and  to 
note  the  course  and  method  of  instruction  and  the  branches  taught, 
and  to  give  such  recommendation  in  the  art  of  teaching  and  the 
method  thereof  in  each  school  as  shall  be  necessary,  so  that  uniform- 
ity in  the  course  of  studies  and  method  of  instruction  employed  shall 
be  secured  as  far  as  practicable  in  the  schools  of  the  several  grades, 
respectively.  He  shall  acquaint  himself  as  far  as  practicable  with 
the  character  and  condition  of  each  school,  noting  any  deficiencies 
that  may  exist,  either  in  the  government  of  the  school  or  the  classi- 
fication of  its  pupils  or  the  method  of  instruction  employed  in  the 
several  branches,  and  shall  make  such  suggestions  in  private  to  the 
teachers  as  to  him  shall  appear  necessary  to  the  good  order  of  the 
school  and  the  progress  of  the  pupils.  He  shall  note  the  character 
and  condition  of  the  schoolhouses,  .the  sufficiency  or  insufficiency  of 
the  furniture,  and  shall  make  such  suggestions  to  the  several  Boards 
of  Trustees  as  in  his  opinion  shall  seem  conducive  to  the  comfort 
and  progress  of  the  several  schools.  It  shall  be  the  duty  of  each 
County  Superintendent  of  Education  to  aid  the  teachers  in  all  proper 
efforts  to  improve  themselves  in  their  profession.  For  this  purpose 
he  shall  encourage  the  formation  of  association  of  teachers  for  com- 
mon improvement  and  conduct  teachers'  institutes.  He  shall  attend 
the  meetings  of  such  associations  and  give  such  advice  and  instruc- 
tion in  regard  to  their  conduct  and  management  as  in  his  judgment 
will  contribute  to  their  greater  efficiency. 

Civil  1902,  §  1188;  1896,  XXII,  150. 

§  1720.  County  Superintendent  to  Attend  Annual  Settle- 
ment of  County  Treasurer — Apportionment  of  School  Funds. 

— The  County  Superintendent  of  Education  shall  attend  the  annual 
settlement  of  the  County  Treasurer  with  the  Comptroller  General. 
Within  ten  days  after  the  County  Treasurer  makes  his  monthly 
report  to  the  County  Superintendent  of  Education,  showing  the 
amount  of  money  collected  by  him  since  his  I?.st  monthly  report,  it 
shall  be  the  duty  of  the  County  Superintendent  of  Education  to 


22  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

apportion  the  money  arising  from  a  tax  on  property  as  shown  by 
the  Treasurer's  report  among  the  school  districts  of  his  county,  and 
to  certify  such  apportionment  to  the  County  Treasurer,  together 
with  the  poll  tax  belonging  to  each  district  as  shown  by  said  report ; 
and  it  shall  be  the  duty  of  the  County  Treasurer  to  enter  upon  his 
book  to  the  credit  of  each  school  district  the  amount  due  each  dis- 
trict according  to  such  certificate  of  apportionment,  and  the  County 
Treasurer  shall  pay  out  the  money  belonging  to  the  respective  dis- 
tricts, upon  the  school  warrants  of  such  districts,  duly  signed  and 
countersigned  by  the  school  authorities,  for  that  scholastic  year  in 
the  order  of  their  presentation :  Provided,  That  there  be  no  out- 
standing claims  of  the  previous  scholastic  year,  and  the  Comptroller 
General  shall  receive  the  warrants  thus  paid  as  proper  vouchers  in 
the  hands  of  the  County  Treasurer. 

Civil  1902,  §  1189;  1896,  XXII,  150;  1898,  XXII,  761. 

Note. — See  Criminal  Code  for  penalty  for  violation  of  this  section. 

§  1721.  Reports  of  County  Superintendent — What  to  Con- 
tain.— The  annual  report  of  the  County  Superintendent  of  Educa- 
tion shall  contain  the  complete  statistics  of  all  schools  within  his 
county  supported  in  whole  or  in  part  from  the  public  funds,  as  may 
be  required  of  him  by  the  State  Superintendent  of  Education. 

Civil  1902,  §  1190;  1896,  XXII,  150. 

§  1722.   Annual  Report,  Etc.,  of  County  Superintendent. 

— The  County  Superintendent  of  Education  shall  make  an  annual 
report  of  all  claims  filed,  audited  and  allowed  and  ordered  paid  by 
him  during  each  fiscal  year  to  the  presiding  Judge  at  the  third  term 
of  the  Court  of  General  Sessions  for  his  county,  which  shall  be  held 
after  the  first  day  of  January  in  each  year,  to  be  submitted  by  said 
Judge  to  the  Grand  Jury  for  their  examination.  After  examination 
the  Grand  Jury  shall  report  thereon  to  the  presiding  Judge  any  mat- 
ter growing  out  of  or  pertaining  to  said  annual  report  which  to  them 
may  seem  worthy  of  the  attention  of  the  Court.  The  said  report 
shall  thereupon  be  filed  by  the  Clerk  of  said  Court  and  kept  as 
papers  of  said  Court  for  inspection  by  any  citizen  desirous  of  exam- 
ining the  same. 

Civil  1902,  §  1191;  1896,  XXII,  158;  1897,  XXII,  509. 

§  1723.  County  to  Furnish  Certain  Things. — The  County 
Board  of  Commissioners  of  each  county  are  authorized  and  required 


GENERAL,  SCHOOL  LAW  OF  SOUTH  CAROLINA.  23 

to  furnish  the  County  Board  of  Education  of  their  county  with  a 
comfortable  and  convenient  office  and  suitable  office  furniture,  and 
to  supply  said  office  with  fuel,  lights,  stationery,  postage  and  such 
other  incidentals  as  are  necessary  to  the  proper  transaction  of  the 
legitimate  business  of  his  office. 

Civil  1902,  §  1192;  1896,  XXII,  158. 

§  1 724.   Report  to  County  Treasurer  All  Claims  Approved. 

— It  shall  be  the  duty  of  the  County  Superintendent  of  Education, 
on  or  before  the  fifteenth  day  of  July  in  each  year,  to  report  to  the 
County  Treasurer,  by  school  districts,  all  school  claims  approved  by 
him  for  the  school  year  last  preceding,  and  the  County  Treasurer 
shall  thereupon  close  the  school  accounts  for  that  year,  carrying  over 
any  balance  to  the  credit  of  each  school  district  of  the  then  current 
fiscal  year. 

Civil  1902,  §  1193;  1896,  XXII,  158. 

§  1725.  Register  to  Be  Kept. — The  County  Superintendent 
of  Education  shall  keep  a  register  of  all  claims  approved  by  him  and 
of  such  other  matters  as  the  State  Superintendent  of  Education  shall 
'require  of  him,  and  in  the  form  prescribed  by  the  State  Superin- 
tendent. 

Civil  1902,  §  1194;  1896,  XXII,  158. 

§  1726.  What  to  Furnish  the  Trustees. — The  County  Super- 
intendent of  Education  shall  furnish  the  School  Trustees  of  his 
county  with  copies  of  the  reports  made  to  him  by  the  County  Audi- 
tor and  County  Treasurer  as  to  the  persons  listed  and  paying  poll 
tax,  and  shall  aid  the  Trustees  in  making  all  proper  corrections. 

Civil  1902,  §  1195;  1896,  XXII,  158. 

§  1727.  Seal  of  County  Superintendent. — The  County  Super- 
intendents of  Education  shall  keep  in  their  office  a  die,  in  a  circular 
form,  upon  the  center  of  which  shall  be  engraved,  in  capital  letters, 
the  word  "seal,"  and  on  the  circumference  the  proper  words  indicat- 
ing the  office,  which  shall  be  regarded  as  the  seal  of  the  office,  and 
which  the  County  Superintendent  of  Education  shall  be  required  to 
impress  upon  all  papers  issued  from  his  office,  and  affix  his  name  to 
such  paper.  And  it  shall  be  the  duty  of  the  County  Board  of  Com- 


24  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

missioners  in  each  county  to  furnish  the  County  Superintendent  of 
Education  of  their  respective  counties  with  such  seal. 

Civil  1902,  §  1196;  1896,  XXII,  158. 

Note. — It  is  not  necessary  that  claims  approved  by  him  be  also  under 
his  official  seal.     State  v.  Morton,  51  S.  C.  223. 

§  1728.  Salaries  of  County  Superintendents  of  Education 
Fixed. — In  Abbeville,  Marlboro,  Chester,  Lexington,  Union  and 
York  counties  they  shall  receive  annually,  in  addition  to  the  salaries 
provided,  one  hundred  dollars,  and  in  Laurens  county,  fifty  dollars, 
for  traveling  expenses ;  in  every  other  county  of  the  State  they  shall 
receive  annually,  in  addition  to  their  salaries,  such  sum  as  may  be 
necessary  to  pay  actual  expenses  incurred  by  them  in  attending  meet- 
ings called  for  the  purpose  of  advancing  the  educational  interests, 
and  for  the  purpose  of  visiting  schools  in  other  counties  in  order  to 
become  familiar  with  their  management  and  mode  of  teaching :  Pro- 
vided, That  no  such  account  shall  be  approved  in  favor  of  any 
County  Superintendent  of  Education  until  such  Superintendent  of 
Education  shall  have  furnished  the  County  Board  of  Education  with 
an  itemized  statement,  under  oath,  of  the  expenses  incurred:  And 
provided,  further,  That  in  no  case  shall  the  expenses  exceed  one 
hundred  dollars  to  be  paid  on  the  warrant  of  the  County  Board  of 
Education.  His  claim  for  service  and  expenses  shall  be  presented 
in  the  form  of  an  account  against  the  County  Board  of  Education, 
and  shall  be  verified  by  affidavit  to  the  effect  that  said  account  is 
just  and  true;  that  the  service  therein  named  was  honestly  and 
faithfully  rendered,  and  that  the  sum  therein  claimed  is  rightfully 
due  and  remains  unpaid.  When  said  account  shall  have  been  duly 
audited  and  approved  by  the  County  Board  of  Education  it  shall  be 
filed  with  the  County  Treasurer,  who  shall  pay  the  same  ratably  out 
of  the  funds  apportioned  to  the  several  school  districts  in  proportion 
to  the  average  number  of  children  attending  the  free  public  schools 
in  each  school  district. 

Civil  1902,  §  1198;  1883,  XXIII,  535;  1891,  XX,  1114;  1391, 
1268;  1893,  XXI,  492;  1899,  XXIII,  1057;  1905,  XXIV,  836. 

Note.— The  Act  of  1899,  Sec.  1197,  held  not  to  repeal  Sec.  1057,  of  the 
Rev.  Stats.  1893,  contained  in  this  section.  Houser  v.  Orangeburg 
County,  59  S.  C.  265.  As  to  employment  of  assistants  for  County  Super- 
intendent of  Education,  see  Attorney  General's  opinion,  June  4,  1904, 
and  May  30,  1916. 


SCHOOL  LAW' OF  SOUTH  CAROLINA.  25 

§  1729.  County  Board  of  Education  —  Of  Whom  Com- 
posed, Etc. — There  shall  be  a  County  Board  of  Education  in  each 
county,  composed  of  three  members,  one  of  whom  shall  be  the 
County  Superintendent  of  Education,  and  the  other  two  shall  be 
appointed  by  the  State  Board  of  Education,  at  its  regular  meeting 
in  April,  1897,  and  every  two  years  thereafter,  who  shall  hold  their 
office  for  a  term  of  two  years  from  the  time  of  their  appointment 
and  until  their  successors  shall  be  appointed  and  qualified,  unless 
sooner  removed  by  the  State  Board  of  Education. 

Civil  1902,  §  1199;  1897,  XXII,  516. 

Note. — Two  are  a  quorum  and  can  act.     See  Attorney  General's  opin- 
ion, 1906. 

§  1730.  Duties  of  County  Board  of  Education. — The  County 
Board  of  Education  shall  examine  all  candidates  for  the  position  of 
teacher,  and  give  to  each  person  found  qualified  a  certificate  setting 
forth  the  branches  of  learning  he  or  she  may  be  capable  of  teaching, 
and  the  percentages  attained  in  each  branch,  said  certificate  to  be 
valid  for  a  term  of  two  years,  unless  sooner  revoked,  and  it  may  be 
renewed  with  or  without  examination,  at  the  discretion  of  the  Board, 
all  of  which  shall  be  done  under  such  regulations  as  the  State  Board 
of  Education  may  prescribe.  No  teacher  shall  be  employed  in  any 
of  the  free  public  schools  without  a  certificate  from  the  County 
Board  of  Education  or  the  State  Board  of  Education :  Provided, 
That  no  examination  as  to  the  qualification  shall  be  made  in  the 
case  of  any  applicant  who  produces  a  full  diploma  from  any  char- 
tered college  or  university  of  this  State,  or  Memminger  Normal 
School,  of  Charleston,  and  furnish  satisfactory  evidence  of  good 
moral  character :  Provided,  further,  That  the  State  Board  of  Educa- 
tion shall  examine  into  the  curriculum,  standing,  faculty  and  equip- 
ment of  each  institution,  and  see  that  it  is  doing  real  college  work, 
before  certificates  may  be  issued  on  its  diplomas.  The  two  mem- 
bers of  the  Board  appointed  by  the  State  Board  of  Education  shall 
receive  for  the  services  rendered  by  them  compensation  at  the  rate 
of  three  dollars  per  diem  for  not  exceeding  seven  days,  except  in 
the  counties  of  Greenville  and  Orangeburg,  where  the  number  of 
days  shall  not  exceed  twenty,  and  in  the  counties  of  Barnwell,  Dor- 
chester, York  and  Hampton,  where  the  number  of  days  shall  be 
ten,  if  so  much  be  necessary,  in  each  year,  and  mileage  of  five  cents 


26  GENERAI,  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

for  each  mile  of  necessary  travel,  the  same  to  be  paid  by  the  County 
Board  of  Commissioners  out  of  the  ordinary  county  funds. 

Civil  1902,  §  1200;  1897,  XXII,  516;  1903,  XXIV,  1084;  1906,, 
XXV,  37;  1908,  XXV,  1151;  1909,  XXVI,  73;  1910,  XXVI,  740;, 
1911,  XXVII,  116. 

Note. — As  to  teacher's  certificates,  see  Attorney  General's  opinion,. 
April  1,  1914.  Ex  parte  Greenville  College,  75  S.  C.  93.  Teachers 
without  certificates  cannot  draw  pay.  Attorney  General's  opinion,  1906. 
County  Board  to  grant  teachers  certificates.  Attorney  General's  opin- 
ion, 1914. 

§  1731.  What  Shall  Be  Taught.— It  shall  be  the  duty  of  the 
County  Board  of  Education  and  the  Boards  of  Trustees  hereinafter 
provided  for  to  see  that  in  every  school  under  their  care  there  shall 
be  taught,  as  far  as  practicable,  orthography,  reading,  writing,  arith- 
metic, geography,  English  grammar,  the  elements  of  agriculture,  his- 
tory of  the  United  States  and  this  State,  the  principles  of  the  Consti- 
tution of  the  United  States  and  this  State,  morals  and  good  behavior,, 
algebra,  physiology  and  hygiene,  and  especially  as  to  the  effects  of 
alcoholic  liquors  and  narcotics  upon  the  human  system,  English  liter- 
ature, and  such  other  branches  as  the  State  Board  may  from  time  to- 
time  direct. 

Civil  1902,  §  1201;  1896,  XXII,  161. 

§  1732.  Physiology  and  Hygiene  to  Be  Taught  in  Public 
Schools  —  Nature  of  Alcoholic  Drinks  and  Narcotics. — The 

nature  of  alcoholic  drinks  and  narcotics  and  special  instruction  as 
to  their  effect  upon  the  human  system,  in  connection  with  the  sev- 
eral divisions  of  the  subject  of  physiology  and  hygiene,  shall  be 
included  in  the  branches  of  study  taught  in  common  or  public  schools 
in  the  State  of  South  Carolina,  and  shall  be  studied  and  taught  as. 
thoroughly  and  in  the  same  manner  as  other  like  required  branches 
are  in  said  schools,  by  the  use  of  textbooks  in  the  hands  of  pupils 
where  other  branches  are  thus  studied  in  said  schools,  and  orally  in 
the  case  of  pupils  unable  to  read,  and  shall  be  taught  by  all  teachers 
and  studied  by  all  pupils  in  all  said  schools  supported  wholly  or  in 
part  by  public  money. 

1908,  XXV,  1054. 

§  1733.  Textbooks  —  Relating  to  Alcoholic  Drinks  and 
Narcotics. — The  textbooks  used  for  the  instruction  required  to  be 
given  by  the  preceding  section  in  primary  and  intermediate  grades. 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  27 

shall  give  at  least  one-fourth  of  their  space  to  the  consideration  of 
the  nature  and  effects  of  alcoholic  drinks  and  narcotics,  and  the 
books  used  in  the  highest  grade  of  graded  schools  shall  contain  at 
least  twenty  pages  of  matter  relating  to  this  matter. 

1908,  XXV,  1054. 

§  1734.  Penalty  to  Enforce  Provisions. — It  shall  be  the  duty 
of  the  proper  officers  in  control  of  any  school  described  in  the  fore- 
going section  to  enforce  the  provisions  of  the  last  two  sections; 
and  any  such  officer,  school  director,  committee,  superintendent  or 
teacher  who  shall  refuse  or  neglect  to  comply  with  the  requirements 
of  the  last  two  sections,  or  shall  neglect  or  fail  to  make  proper  pro- 
visions for  the  instruction  required  and  in  the  manner  specified  by 
Section  1732,  for  all  pupils  in  each  and  every  school  under  his  juris- 
diction, shall  be  removed  from  office  and  the  vacancy  filled  as  in 
other  cases. 

1908,  XXV,  1054. 

§  1735.  Three-Mill  Tax. — The  County  Board  of  Education  of 
the  several  counties  of  this  State,  or  such  officer  or  officers  as  may 
be  vested  with  the  same  or  similar  powers  or  duties,  shall  levy  an 
annual  tax  of  three  mills  on  the  dollar  upon  all  the  taxable  property 
in  their  respective  counties,  which  tax  shall  be  collected  at  the  same 
time  and  by  the  same  officers  as  the  other  taxes  for  the  same  year, 
and  shall  be  held  in  the  county  treasury  of  the  respective  counties, 
and  on  the  first  day  of  July  of  each  year,  or  as  soon  as  practicable 
thereafter,  the  said  fund  shall  be  apportioned  by  the  said  County 
Boards  respectively  among  the  school  districts  of  their  respective 
counties  in  proportion  to  the  number  of  pupils  enrolled  in  the  public 
schools  of  such  school  districts,  and  the  said  County  Boards  shall 
ascertain  the  amount  of  poll  taxes  collected  in  and  for  each  school 
district  of  their  respective  counties,  and  shall  notify  the  County 
Treasurer  and  the  Trustees  of  each  school  district  of  the  amount 
of  poll  taxes,  as  well  as  of  the  amount  of  the  aforesaid  fund  appor- 
tioned by  them  to  each  school  district. 

How  School  Funds  Are  Distributed  and  Expended. — The 

school  funds  of  each  district  shall  be  distributed  and  expended  by 
the  Board  of  Trustees  for  the  best  interests  of  the  school  district, 
according  to  the  judgment  of  the  Board  of  Trustees,  on  their  war- 
rant approved  by  the  County  Superintendent  of  Education.  For  the 
purpose  of  said  apportionment  pupils  shall  not  be  deemed  enrolled 


28  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

until  after  an  attendance  of  at  least  ten  days  during  the  preceding 
scholastic  year. 

Civil  1902,  §  1202;  1896,  XXII,  161. 

Note. — Mandamus  will  not  issue  to  compel  approval  of  warrant  where 
the  funds  in  the  treasury  are  insufficient  to  pay  it.  Williams  v.  Hires, 
51  S.  C.  338;  Bryson  v.  Daniels,  52  S.  C.  201.  The  power  of  the  County 
Superintendent  is  also  discretionary  and  mandamus,  therefore,  is  not 
the  proper  remedy;  the  remedy  is  given  in  the  next  section.  State  v. 
Hires,  see  Const.  1895,  Art.  XI,  Sec.  6.  As  to  expenditure  of  school 
funds,  see  Attorney  General's  opinion,  May  27,  1913. 

§  1736.  Advisory  Board  to  County  Superintendent — Pow- 
ers in  Case  of  Appeal. — The  County  Board  of  Education  shall 
constitute  an  advisory  body  with  whom  the  County  Superintendent 
of  Education  shall  have  the  right  to  consult  when  he  is  in  doubt  as 
to  his  official  duty,  and  also  a  tribunal  for  determining  any  matter 
of  local  controversy  in  reference  to  the  construction  or  administra- 
tion of  the  school  laws,  with  the  power  to  summon  witnesses  and 
take  testimony  if  necessary,  and  when  they  have  made  a  decision 
said  decision  shall  be  binding  upon  the  parties  to  the  controversy: 
Provided,  That  either  of  the  parties  shall  have  the  right  to  appeal 
to  the  State  Board  of  Education,  and  said  appeal  shall  be  made 
through  the  County  Board  of  Education,  in  writing,  and  shall  dis- 
tinctly set  forth  the  question  in  dispute,  the  decision  of  the  County 
Board  and  the  testimony  as  agreed  upon  by  the  parties  to  the  con- 
troversy, or,  if  they  fail  to  agree,  upon  the  testimony  as  reported  by 
the  County  Board.9 

Civil  1902,  §  1203;  1896,  XXII,  161. 

Note. — It  is  clear  that  the  action  of  a  Board  of  Trustees  is  subject  to 
.supervision  and  orders  of  the  County  Board  of  Education.  State  v. 
Daniel,  52  S.  C.  201.  An  appeal  lies  from  the  county  to  State  Board. 
Williams  v.  Hires,  51  S.  C.  388.  And  when  taken  acts  as  a  supersedeas. 
Attorney  General's  opinion,  1905,  p.  41.  A  County  Board  of  Education 
cannot  enter  into  a  contract  with  the  Board  of  an  adjoining  county  for 
the  joint  conduct  of  a  school  which  will  bind  the  successors  of  the,' 
respective  districts.  Rouse  v.  Benton,  100  S.  C.  150;  Williams  v.  Hires, 
51  S.  C.  388.  Action  by  school  teacher  for  damages  for  breach  of  con- 
tract to  teach  school  is  not  "matter  of  local  controversy  in  reference  to 
construction  or  administration  of  school  law.  Hughes  v.  School  District, 
66  S.  C.  529.  Mandamus  to  require  County  Board  of  Education  to  issue 
teacher's  certificate  to  graduate  of  Greenville  College  for  Women  on 
its  diploma  is  not  proper  remedy,  but  appeal  to  State  Board  of  Educa- 
tion. Ex  parte  Greenville  College,  75  S.  C.  93. 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  29 

§   1737.  Meetings  and  Duties  of  Board  of  Education. — 

The  County  Board  of  Education  shall  meet  for  the  purpose  of  exam- 
ining applicants  for  teachers'  certificates,  and  the  transaction  of  other 
business,  at  least  twice  a  year,  at  such  times  as  the  State  Board  of 
Education  shall  appoint.  The  County  Superintendent  shall  be  Chair- 
man and  Clerk  of  the  Board,  and  shall  keep  a  fair  record  of  their 
proceedings,  and  register  of  the  name,  age,  sex,  color,  residence  and 
date  of  certificate  of  each  person  to  whom  a  certificate  is  issued,  and 
in  case  the  certificate  be  cancelled  shall  make  a  proper  entry  of  the 
same.  The  Board  shall  have  power  to  revoke  any  certificate  granted 
by  them,  for  immoral  or  improper  conduct,  or  evident  unfitness  for 
teaching.  The  Board  shall  hold  as  many  additional  meetings  dur- 
ing the  year  as  the  interest  of  the  free  public  schools  of  the  county 
may  require,  subject  to  regulations  prescribed  by  the  State  Board  of 
Education. 

Civil  1902,  §  1204;  1896,  XXII,  161. 

§  1738.  Counties  to  Be  Divided  Into  School  Districts — By 
Whom,  Size  of,  Etc.  —  The  County  Boards  of  Education  shall 
divide  their  counties  into  convenient  school  districts,  as  compact  in 
form  as  practicable,  having  regard  to  natural  boundaries,  and  not 
to  exceed  forty-nine  nor  be  less  than  nine  square  miles  in  area,  and 
shall  alter  the  lines  thereof  and  create  additional  school  districts 
from  time  to  time  as  the  interests  of  the  schools  may  in  their  judg- 
ment demand :  Provided,  That  no  new  school  district  shall  be  erected 
by  said  County  Board  of  Education  except  upon  the  petition  of  at 
least  one-third  of  the  qualified  electors  embraced  within  the  limits 
of  such  proposed  school  district :  Provided,  further,  That  no  school 
district  shall  be  consolidated  except  upon  a  petition  of  at  least  one- 
third  of  the  qualified  voters  of  the  school  district  proposed  to  be  con- 
solidated :  Provided,  further,  Whenever  territory  embraced  in  two 
or  more  counties  is  proposed  to  be  formed  into  one  school  district, 
the  same  may  be  formed  by  the  joint  action  of  the  Board  of  Educa- 
tion of  the  respective  counties  as  herein  provided  for  the  formation 
of  school  districts  in  a  county :  Provided,  That  in  cities  of  ten  thou- 
sand inhabitants  and  over  this  limitation  of  area  shall  not  apply: 
Provided,  further,  That  when  any  school  district  laid  out  under  this 
section  shall  embrace  cities  or  towns  already  organized  into  special 
school  districts,  in  which  graded  school  buildings  have  been  erected 
by  the  issue  of  bonds,  or  by  special  taxation,  or  by  donation,  all  the 
territory  included  in  said  school  district  shall  bear  its  just  proportion 


-30  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

of  any  tax  that  may  be  levied  to  liquidate  such  bonds  or  support  the 
public  schools  therein.  The  present  division  of  the  counties  into 
school  districts  shall  remain  until  changed  by  the  County  Boards  of 
Education.  The  County  Boards  of  Education  are  authorized  and 
empowered  to  make  contracts  for  the  purpose  of  dividing  their 
counties  into  proper  school  districts  and  to  provide  for  the  payment 
of  the  expenses  thereof  out  of  the  school  funds  of  the  county. 
Every  school  district  now  organized,  or  to  be  hereafter  organized  in 
pursuance  of  this  section,  is  and  shall  be  a  body  politic  and  corpo- 
rate, by  the  name  and  style  of  School  District  No.  . .  .  (such  num- 
ber as  may  be  designated  by  the  County  Board  of  Education),  ol 

county  (the  name  of  the  county  in  which  the  district  is 

situated),  the  State  of  South  Carolina;  and  in  that  name  may  sue 
and  be  sued,  and  be  capable  of  contracting  and  being  contracted 
with  to  the  extent  of  their  school  fund,  and  holding  such  real  and 
personal  estate  as  it  may  come  into  possession  of,  by  will  or  other- 
wise, or  as  is  authorized  by  law  to  be  purchased,  all  of  which  shall 
be  used  exclusively  for  school  purposes. 

Civil  1902,  §  1205;  1896,  XXII,  161;  1900,  XXIII,  360. 

Note. — As  to  authority  of  Trustees,  see  State  v.  Bacon,  31  S.  C.  120. 
School  district  not  necessary  party  to  suit  on  County  Treasurer's  bond 
for  misappropriated  school  funds.  Aiken  County  v.  Murray,  35  S.  C. 
508.  Circuit  Court  has  jurisdiction  of  action  by  teacher  against  school 
district  for  damages  for  breach  of  contract  to  teach  school  and  com- 
plaint need  not  state  that  he  held  certificate  at  time  of  contract.  Hughes 
v.  School  District,  66  S.  C.  259.  School  districts  are  bodies  corporate 
and  may  sue  and  be  sued.  Hughes  v.  School  District,  66  S.  C.  259;  State 
v.  Bacon,  31  S.  C.  765;  Aiken  County  v.  Murray,  35  S.  C.  508.  County 
Board  has  power  to  alter  lines  of  school  districts.  Attorney  General's 
opinion,  1905,  p.  40.  When  County  Board  may  act  without  petition  to 
do  so.  Attorney  General's  opinion,  1904,  pp.  28,  30.  Petition  for  consoli- 
dation should  be  signed  by  one-third  of  the  voters  in  each  district  to  be 
consolidated.  Attorney  General's  opinion,  1904,  p.  29.  But  the  lines  of 
one  district  may  be  altered  to  include  another  district  without  petition. 
Attorney  General's  opinion,  1904,  p.  30.  Consolidation  of  districts  in 
different  counties  is  to  be  based  upon  separate  petition  from  each  county. 
Attorney  General's  opinion,  1904,  p.  32.  Adding  new  territory  to  a  dis- 
trict makes  it  subject  to  taxation  therein.  Attorney  General's  opinion, 
1904,  p.  33.  The  alteration  of  district  lines  does  not  affect  the  levy  of 
taxes  already  made.  Attorney  General's  opinion,  p.  1076.  The  expenses 
of  survey,  etc.,  are  to  be  paid  out  of  the  school  funds.  Attorney  Gen- 
eral's opinion,  1904,  p.  28.  As  to  dissolution  of  joint  school  districts, 
see  Attorney  General's  opinion,  May  8,  1913.  As  to  schoolhouses  and 
custody  of  school  property,  see  Attorney  General's  opinion,  January  8, 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  31 

1913.  As  to  extension  of  special  tax  where  school  districts  embracing 
incorporated  cities  or  towns  are  reformed,  see  Attorney  General's  opin- 
ion, September  9,  1916. 

§  1739.  Dissolution  of  School  Districts  in  Adjoining  Coun- 
ties.— Any  school  district  formed  of  parts  of  two  or  more  counties 
tinder  the  provisions  of  this  section  may  be  dissolved  in  the  same 
manner  as  that  by  which  the  same  may  have  been  formed,  as  above 
provided. 

1910,  XXVI,  694. 

Note. — As  to  dissolution  of  joint  school  districts,  see  Attorney  Gen- 
eral's opinion,  May  8,  1913. 

§  1740.  Board  of  Trustees.  —  Each  school  district  shall  be 
under  the  management  and  control  of  the  Board  of  Trustees  herein- 
after provided  for,  subject  to  the  supervision  of  the  County  Board 
of  Education. 

Civil  1902,  §  1206;  1896,  XXII,  162. 

Note. — Words  "management  and  control"  do  not  import  any  power 
beyond  that  demanded  from  their  ordinary  meaning.  Young  v.  Trus- 
tees, 64  S.  C.  131. 

§  1741.  School  Districts  Made  Tax  Districts. — The  school 
districts  of  the  several  counties  of  the  State  are  hereby  made  and 
declared  to  be  the  divisions  of  the  counties  for  taxation  for  all 
school  purposes. 

Civil  1902,  §  1207;  1896,  XXII,  162. 

§  1742.  How  School  Districts  May  Levy  Special  School 
Tax — How  Collected  and  Paid. — The  voters  or  electors  of  any 
school,  district  who  return  real  or  personal  property  for  taxation 
are  authorized  to  levy  and  collect  an  annual  tax  to  supplement  any 
special  or  other  constitutional  or  other  tax  for  like  purposes  in  the 
following  manner :  Upon  the  written  petition  or  request  of  at  least 
one-third  of  the  resident  electors,  and  a  like  proportion  of  the  resi- 
dent freeholders  of  the  age  of  twenty-one  years,  being  filed  with 
the  County  Board  of  Education,  asking  for  the  same  and  stating 
the  rate  of  the  tax  levy  proposed,  which  shall  not  exceed  eight  mills, 
the  said  County  Board  of  Education  shall  order  the  Board  of  Trus- 
tees of  said  school  district  to  hold  an  election  at  some  place  within 
the  district,  after  giving  notice  of  the  time  and  place  thereof  for  at 
least  two  weeks  in  some  newspaper  published  within  the  county, 
and  by  posting  notice  thereof  in  at  least  three  public  places  within 


32  GENERAL  SCHOOL  LAW  of  SOUTH  CAROLINA. 

such  school  district,  for  such  length  of  time,  unless  there  be  no  news- 
paper published  within  the  county,  in  which  event  the  posting  of 
the  notices  as  above  shall  suffice;  at  which  said  election  only  such 
electors  as  return  real  or  personal  property  for  taxation,  and  who 
exhibit  their  tax  receipts  and  registration  certificates  as  required  in 
general  elections,  shall  be  allowed  to  vote.  At  the  said  election  the 
Board  of  Trustees  shall  act  as  managers,  and  the  election  shall  be 
conducted  as  is  provided  by  law  for  the  conduct  of  general  elections. 
At  said  election  each  elector  favoring  the  proposed  levy  shall  cast  a 
ballot  containing  the  word  "Yes,"  printed  or  written  thereon,  and 
each  elector  opposed  to  said  levy  shall  cast  a  ballot  containing  the 
word  "No,"  printed  or  written  thereon.  Within  ten  days  after  such 
election,  if  the  majority  of  those  voting  shall  vote  for  such  levy,  the 
Board  of  Trustees  shall  furnish  the  County  Auditor  with  a  state- 
ment of  the  amount  so  levied,  and  the  Auditor  shall  enter  the  same 
in  the  tax  duplicates,  and  he  shall  annually,  each  year  thereafter, 
enter  said  amount  in  the  tax  duplicates  until  the  same  is  increased, 
decreased  or  repealed  by  said  taxpayers  at  an  election  called  for  the 
purpose  and  he  is  notified  that  the  same  has  been  increased,  decreased 
or  repealed;  and  if  increased  or  decreased,  he  shall  annually  enter 
it  as  before;  which  election  shall  be  called  and  notice  given  in  the 
same  way  and  manner  as  is  herein  provided  for  the  calling  of  meet- 
ings to  make  the  levy  and  the  giving  of  the  notice  that  it  has  been 
made,  and  the  County  Treasurer  shall  collect  the  same  as  other 
county  and  State  taxes:  Provided,  That  any  tax  which  may  be 
levied,  increased,  decreased  or  repealed  after  July  1st  in  any  fiscal 
year  shall  not  take  effect  until  the  next  succeeding  fiscal  year.  Such 
levy  shall  be  a  lien  on  the  property  in  such  school  district,  which 
shall  be  subject  thereto  in  case  of  default  of  payment.  Said  tax  so 
collected  shall  be  paid  out  by  the  County  Treasurer  upon  warrants 
drawn  by  the  Board  of  Trustees,  countersigned  by  the  County  Super- 
intendent of  Education:  Provided,  That  any  surplus  of  such  levy 
remaining  in  the  hands  of  the  County  Treasurer  at  the  expiration 
of  any  fiscal  year  shall  be  paid  out  as  other  school  funds  of  the  dis- 
trict. Each  taxpayer,  when  he  pays  any  tax  for  school  purposes 
voted  under  the  provision  of  this  section,  shall  have  the  right  to  des- 
ignate to  which  school  in  said  school  district  he  wishes  the  money 
paid  by  him  to  go ;  and  the  Treasurer  shall  keep  a  note  of  such  des- 
ignation, and  the  money  be  applied  as  thus  designated.  When  no 
designation  is  made  by  the  taxpayer  at  the  time  of  such  payment, 


SCHOOL,  LAW  OF  SOUTH  CAROLINA.  33 

the  money  shall  be  expended  as  other  school  funds  in  such  district: 
Provided,  That  nothing  herein  contained  shall  be  construed  to 
change  the  manner  now  provided  by  the  law  for  the  collection  and 
paying  out  of  special  taxes  in  any  school  district  now  established  by 
any  special  Act  of  the  General  Assembly  and  organized  thereunder. 

Civil  1902,  §  1208;  1896,  XXII,  162;  1900,  XXIII,  364;  1903, 
XXIV,  64;  1906,  XXV,  111;  1907,  XXV,  631;  1910,  XXVI,  742. 

1 742a.  Flexible  Levy  Allowed. — Whenever  in  any  school  dis- 
trict in  the  State  of  South  Carolina,  where  special  levies  and  taxes 
have  been  authorized,  levied  and  are  being  collected,  or  may  here- 
after be  authorized,  levied  and  collected,  the  assessed  valuation  of 
the  property  shall  have  so  increased  since  the  authorization  of  the 
special  levy  as  to  provide  an  amount  of  taxes  in  excess  of  that  con- 
templated at  the  time  of  the  authorization  of  said  levy,  or  in  excess 
of  the  amount  collected  the  first  year  under  such  authorization,  then 
and  in  that  event,  upon  the  written  petition  of  the  Trustees  of  such 
school  district,  approved  by  the  County  Board  of  Education,  and 
upon  the  petition  of  three-fourths  of  the  residents  subject  to  such 
tax,  the  Auditor  of  the  county  in  which  the  said  school  district  is 
situate  and  the  tax  being  collected  shall  reduce  the  levy  for  such 
school  district  to  such  an  amount  as  will  produce  the  total  amount 
of  taxes  originally  intended  to  be  collected. 

§  2.  That  whenever  the  special  levy  in  any  school  district  shall  have 
provided  sufficient  funds  to  pay  and  satisfy  the  purposes  and  obli- 
gations for  which  the  said  special  levy  was  authorized,  then,  upon 
the  written  petition  of  the  Board  of  Trustees  of  such  school  district, 
or  upon  the  written  petition  of  three-fourths  of  the  residents  in  said 
school  district  subject  to  such  levy  and  taxes,  the  Auditor  of  the 
county  in  which  such  school  district  is  located  shall  discontinue  the 
assessment  authorized.  "The  provisions  of  this  Act  shall  not  apply 
to  Chesterfield,  Sumter  and  Charleston,  Aiken,  Hampton,  Jasper, 
Williamsburg,  Richland,  Oconee,  Horry,  Lexington,  Allendale,  Dor- 
chester, Lee,  York  and  Florence." 

§  3.  All  Acts  or  parts  of  Acts  inconsistent  herewith  are  hereby 
repealed. 

Acts  1919. 

Note. — Section  1742  permits  a  local  district  tax  of  eight  (8)  mills.  Sec- 
tion 1812g  of  the  revised  High  School  Act  of  1919  permits  a  further  local 
district  tax  of  four  (4)  mills  for  high  school  purposes.  In  many  dis- 
tricts, and  in  some  counties,  special  legislative  Acts  provide  higher  rates 


34  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

of  local  taxation.  In  Saluda  Courthouse  district  it  is  twenty-one  mills; 
in  Horry  county,  sixteen  mills;  in  Florence  county,  twelve  mills. 

Note. — Proceedings  to  levy  tax;  taxpayer  participating  estopped  to 
deny  regularity,  etc.  Martin  v.  School  District  of  Laurens,  57  S.  C.  125. 
Provision  that  "only  such  electors  as  return  real  or  personal  property 
for  taxation,"  etc.,  shall  be  allowed  to  vote,  does  not  apply  to  election 
under  Sec.  1743.  McLaurin  v.  Tatum,  85  S.  C.  444.  Where  the  district 
lines  divide  tract  of  land,  owner  can  only  vote  in  the  district  in  which 
he  resides,  see  Attorney  General's  opinion,  1904,  p.  52;  1906,  p.  102.  The 
voter  must  both  own  property  in  the  district  and  have  paid  taxes,  see 
Attorney  General's  opinion,  1906,  p.  99,  March  7,  1900.  If  the  election  is 
contested,  the  County  Board  of  Education  hears  the  contest  and  deter- 
mines the  result,  subject  to  review  by  State  Board.  Attorney  General's 
opinion,  1904,  p.  53.  This  is  a  local  election,  distinguished  from  general 
or  special  election,  and  the  provisions  of  the  Code  requiring  registration 
books  closed  for  thirty  days  prior  thereto  does  not  apply  to  it.  See 
Attorney  General's  opinion,  1903,  p.  52.  If  illegally  conducted,  the  levy 
may  be  enjoined.  Attorney  General's  opinion,  1903,  p.  51.  The  petition 
must  be  signed  by  one-third  both  of  resident  voters  and  resident  free- 
holders. Attorney  General's  opinion,  July  10,  1902.  The  electors  must 
be  registered,  but  not  the  freeholders,  which  term  includes  women  own- 
ing property  in  the  district.  Attorney  General's  opinion,  1906,  p.  104. 
The  County  Auditor  should  be  given  written  notice  of  the  levy.  Dent 
v.  Brice,  16  S.  C.  12.  This  notice  must  be  given  in  time  for  the  Auditor 
to  make  the  proper  entries  on  duplicates  before  October  1st.  Attorney 
General's  opinion,  1906,  p.  105.  So  as  to  the  time  of  election.  Attor- 
ney General's  opinion,  May  10,  1902.  The  taxpayer  can  only  direct  appli- 
cation of  tax  to  a  school  within  the  district  wherein  his  property  taxed 
is  siuated.  Attorney  General's  opinion,  1904,  p.  29.  When  once  voted, 
the  tax  is  a  lien  upon  all  property  within  the  district  until  repealed. 
Attorney  General's  opinion,  1904,  p.  30;  or  the  land  is  taken  out  of  the 
district  by  alteration  of  lines.  Attorney  General's  opinion,  1904,  p.  31. 
As  to  construction  Sec.  1742,  see  Attorney  General's  opinion,  March  21, 
1916.  As  to  qualification  of  electors,  see  Attorney  General's  opinion, 
April  14  and  May  2,  1913.  County  Board  have  authority  to  reform  dis- 
tricts. Attorney  General's  opinion,  July  17,  1917. 

1907,  XXV,  523. 

§   1743.  School  Districts  May  Issue  Bonds — Elections. — 

The  Trustees  of  any  public  school  district  in  the  State  of  South 
Carolina  are  hereby  authorized  and  empowered  to  issue  and  sell 
coupon  bonds  of  the  said  school  district,  payable  to  bearer,  in  such 
denominations  and  amounts  as  they  may  deem  necessary,  not  to 
exceed  four  per  cent,  of  the  assessed  valuation  of  the  property  of 
such  school  district  for  taxation,  and  bearing  a  rate  of  interest  not 
exceeding  six  per  cent,  per  annum,  payable  annually  or  semiannu- 
ally,  and  at  such  times  as  they  may  deem  best:  Provided,  That  the 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  35 

question  of  issuing  the  bonds  authorized  in  this  section  shall  be  first 
submitted  to  the  qualified  voters  of  such  school  district  at  an  elec- 
tion to  be  held  upon  the  written  petition  or  request  of  at  least  one- 
third  of -the  resident  electors,  and  a  like  proportion  of  the  resident 
freeholders  of  the  age  of  twenty-one  years,  to  determine  whether 
said  bonds  shall  be  issued  or  not,  as  herein  provided :  Provided,  fur- 
ther, That  before  any  election  is  held  hereunder  it  shall  be  the  duty 
of  the  Trustees  of  the  school  district  to  have  a  survey  of  said  school 
district  made  by  some  competent  surveyor  and  a  plat  thereof  made 
and  filed  in  the  office  of  the  Clerk  of  Court :  Provided,  further,  That 
the  maximum  percentage  of  assessed  valuation  as  fixed  above  shall 
not  apply  to  Rosemary  School  District,  in  the  county  of  Georgetown, 
but  that  in  said  school  district  the  maximum  percentage  of  assessed 
valuation  of  property  shall  be  eight  per  cent. :  Provided,  further, 
That  the  Trustees  of  any  school  district  in  Darlington  county  are 
hereby  authorized  and  empowered  to  issue  and  sell  coupon  bonds  of 
the  said  school  district  under  the  provisions  of  this  Act  and  the 
laws  of  the  State  for  not  exceeding  eight  per  cent,  of  the  assessed 
valuation  of  the  real  and  personal  property  of  said  district:  Pro- 
vided, further,  That  any  school  district  now  organized  or  hereafter 
organized  in  Chesterfield  county  may  issue  such  bonds  in  an  amount 
not  to  exceed  eight  (8%)  per  cent,  of  the  assessed  valuation  of  all 
the  property  in  such  district. 

1907,  XXV,  523;  1909,  XVXI,  89.     Amended  1917  and  1919. 

Note. — Term  "qualified  voter"  means  same  as  "qualified  elector"  in 
Constitution  and  general  election  statutes.  McLaurin  v.  Tatum,  85  S. 
C.  444.  As  to  the  levy  of  special  tax,  see  Attorney  General's  opinion, 
July  18,  1913. 

§  1744.  How  Election  Shall  Be  Held. — For  the  purpose  of 
determining  the  issue  of  bonds  authorized  in  Section  1743,  such 
Trustees  of  school  district  shall  order  an  election,  to  be  held  at  such 
place  in  such  school  district  as  may  be  designated  by  such  Trustees 
of  such  school  district,  on  the  question  of  whether  such  bonds  shall 
be  issued  or  not,  in  which  election  only  qualified  voters  residing  in 
such  school  district  shall  be  allowed  to  vote,  and  such  Trustees  shall 
give  notice  of  such  election  for  ten  days  in  a  newspaper  published  in 
such  district,  or  by  posting  such  notice  in  three  public  places  in  such 
school  district;  shall  designate  the  time  and  place  and  appoint  the 


36  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

managers  of  such  election,  and  receive  the  returns  of  the  managers 
and  declare  the  results. 

1907,  XXV,  523. 

Note. — As  to  validity  of  bonds  issued  under  this  section,  see  Dove  v. 
Kirkland,  92  S.  C.  322. 

§  1745.  Ballots. — The  ballot  cast  must  have  written  or  printed 
on  it  the  words  "For  bonds"  or  "Against  bonds." 

1907,  XXV,  523. 

§  1746.  How  Bonds  Shall  Be  Sold — Special  Tax  Levy. — 

If  a  majority  of  the  votes  cast  at  such  election  shall  be  for  the  issu- 
ing of  bonds,  such  Trustees  shall  issue  such  bonds,  which  shall  run 
not  longer  than  twenty  years  from  date  of  issue  thereof,  which  shall 
be  sold  by  such  Trustees  at  not  less  than  par,  and  the  proceeds  of 
which  shall  be  used  by  such  Trustees  for  the  purpose  of  erecting 
buildings,  and  for  equipment  for  maintaining  public  schools  in  such 
school  district,  or  for  paying  indebtedness  of  such  school  district; 
and  such  bonds  and  coupons  of  same  shall  constitute  a  lien  upon 
the  property  of  such  school  district;  it  shall  be  the  duty  of  the 
county  officers  charged  with  the  assessment  and  collection  of  taxes 
to  levy  and  collect  annually  from  all  the  property,  real  and  personal, 
within  the  limits  of  such  school  district,  a  sum  sufficient  to  pay  the 
interest  on  such  bonds,  and  also  a  sum  sufficient  ot  provide  a  sink- 
ing fund  for  the  payment  of  such  bonds  when  due,  and  the  coupons 
thereof  shall  be  received  for  school  taxes  upon  property  within  such 
school  district. 

1907,  XXV,  523. 

Note. — As  to  discretion  conferred  upon  Trustees  with  reference  to 
issuance  of  bonds,  see  Burriss  v.  Brock,  95  S.  C.  109. 

§  1747.  How  Bonds  Shall  Be  Signed.  —  All  bonds  issued 
under  and  in  pursuance  of  the  provisions  herein  shall  be  signed  by 
the  Trustees  of  such  school  district :  Provided,  That  the  signatures 
of  such  Trustees  shall  be  lithographed  or  engraved  upon  the  coupons 
attached  to  such  bonds,  and  such  lithographed  or  engraved  signa- 
tures shall  be  sufficient  signing  thereof. 

1907,  XXV,  523. 

§  1748.  Proceeds  —  How  Disposed  Of.  —  The  proceeds  of 
such  bonds  as  are  contemplated  hereinabove  shall  be  deposited  with 
the  County  Treasurer  of  the  county  in  which  such  school  district  is 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  37 

located,  and  shall  be  receipted  for  by  such  County  Treasurer,  and 
shall  be  paid  out  by  him  only  upon  the  warrant  of  such  Board 
of  Trustees,  as  provided  by  law  for  the  handling,  expending  and 
accounting  for  all  other  public  funds:  Provided,  That  nothing  in 
the  above  section  shall  be  construed  as  affecting  any  bonds  already 
issued  or  voted  in  any  school  district  of  the  State  or  bonds  author- 
ized by  special  Acts  of  the  Legislature.  __ 

1907,  XXV,  523. 

§  1749.  How  Money  Shall  Be  Deposited. — The  Treasurers 
of  the  counties  in  which  said  school  districts  are  situated  are  directed 
and  requested  to  deposit  all  moneys  in  their  hands  belonging  to  the 
sinking  fund  which  may  accumulate  under  the  provisions  herein  in 
some  savings  institution  or  bank  approved  by  the  Board  of  Trustees 
of  said  school  district,  at  the  best  rate  of  interest  that  can  be  obtained 
until  the  said  bonds  mature,  and  that  the  said  Treasurers  shall,  at 
the  direction  of  the  Board  of  Trustees,  change  the  place  of  deposit 
at  any  time :  Provided,  That  the  sinking  fund  belonging  to  Harts- 
ville  School  District  No.  32,  in  Darlington  county,  or  which  may 
accumulate  under  the  provisions  of  this  Act,  shall  be  under  the  con- 
trol and  management  of  the  Board  of  Trustees  of  said  school  dis- 
trict, and  shall  be  applied  to  the  bonds  issued  by  them,  or  be  invested 
by  them  to  meet  the  payment  of  same  when  due :  Provided,  further, 
That  Norway  School  District  No.  71,  in  Orangeburg  county,  may 
issue  school  bonds  not  to  exceed  eight  per  cent,  of  the  total  taxable 
value  of  the  property  in  such  school  district. 

1907,  XXV,  523;  1912,  XXVII,  631. 

Note. — As  to  care  of  sinking  fund  for  retirement  of  school  bonds,  see 
Attorney  General's  opinion,  June  11,  1915.  Proceeds  of  bonds  to  be  paid 
to  County  Treasurer.  Attorney  General's  opinion,  February  17,  1916. 

§  1750.   Special  School  Districts  in  Adjoining  Counties. — 

Whenever  it  shall  happen  that  by  reason  of  the  location  of  special 
school  districts  portions  of  two  adjacent  counties  should  for  con- 
venience be  included  in  one  school  district,  the  County  Boards  of 
Education  of  such  counties  are  hereby  authorized  and  directed  in 
joint  conference  to  make  such  regulations  as  will  enable  such  sec- 
tions to  be  established  into  a  separate  school  district.  The  provi- 
sions of  this  section  shall  apply  in  all  respects  to  the  school  districts 
of  Marion  county  and  Dillon  county  which  have  been  cut  by  the 
lines  separating  said  counties. 

Civil  1902,  §  1209;  1896,  XXII,  164;  1910,  XXVI,  640. 


38  GSNDRAIV  ScHOOiv  LAW  OF  SOUTH  CAROLINA. 

§  1751.  School  Bonds  Exempt  from  Taxation. — -All  bonds 
hereafter  issued  or  sold,  or  to  be  hereafter  issued  or  sold,  by  the 
Trustees  of  any  school  district  or  school  districts  pursuant  to  the 
vote  of  the  majority  of  the  qualified  voters  of  such  school  district  or 
school  districts  voting  at  an  election  heretofore  or  hereafter  held 
for  the  erection  of  buildings,  for  equipment,  for  maintaining  public 
schools  in  such  district  or  districts,  or  for  paying  indebtedness  of 
such  district  or  districts,  shall  be  exempt  from  all  taxation  for  State, 
county,  municipal  or  school  purposes. 

1908,  XXV,  1051. 

§  1751  a.   Duplicates  of  Record  of  Bond  Issues  to  Be  Filed. 

— In  case  any  county,  township,  school  district,  city,  town  or  other 
municipality  is  authorized  to  issue  bonds  in  pursuance  of  law,  the 
person  and  officers  charged  therewith  shall  make  a  full  record  of 
their  acts  and  doings,  a  duplicate  of  which  record  shall  be  filed  and 
indexed  in  the  office  of  the  Clerk  of  Court  or  Register  of  Mesne 
Conveyance  of  the  county  as  provided  for  in  case  of  deeds  and 
mortgages  in  a  special  book  to  be  furnished  therefor,  and  the  filing 
and  indexing  of  such  record  shall  constitute  notice  as  fully  as  now 
provided  in  case  of  written  instruments,  deeds. 

§  1751b.  Bonds  in  Hands  of  Bona  Fide  Purchaser  for 
Value  Incontestable  After  Thirty  Days  from  Date  of  Filing 
— Action  Barred  After  Sixty  Days. — No  action  shall  be  com- 
menced on  account  of  the  issuance  of  any  such  bonds  after  the  expi- 
ration of  thirty  days  from  the  date  of  such  filing  and  recording  is 
completed,  and  such  bonds  in  the  .hands  of  a  bona  fide  purchaser 
for  value  shall  be  incontestable  after  thirty  days  from  such  date. 

Acts  1917,  p.  166. 

§  1752.  Appointment  of  School  Trustees — Terms — Duties 
— Graded  Schools — Districts  of  Five  Thousand  Inhabitants. 

— Each  County  Board  of  Education,  on  the  first  Tuesday  of  July, 
1906,  and  on  the  first  Tuesday  in  July  every  two  years  thereafter, 
shall  appoint  for  each  school  district  in  their  county  three  School 
Trustees,  from  the  qualified  electors  and  taxpayers  residing  in  the 
district,  who  shall  hold  their  office  for  two  years,  and  until  their  suc- 
cessors are  appointed  and  qualified,  unless  sooner  removed  by  the 
County  Board  of  Education:  Provided,  That  no  School  Trustee 
shall  be  removed  by  the  County  Board  of  Education  except  for 
cause,  and  after  said  Trustee  shall  have  had  a  hearing  before  said 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  39 

County  Board  of  Education,  and  the  said  Trustee  shall  have  the 
right  of  appeal  to  the  State  Board  of  Education.  The  County 
Board  of  Education  shall  have  power  to  fill,  from  time  to  time,  all 
vacancies  in  the  Board  of  Trustees.  The  School  Trustees  shall  meet 
as  a  Board  as  soon  and  as  often  as  practicable,  and  after  having  been 
appointed  and  qualified,  at  such  place  as  may  be  most  convenient 
in  the  district.  At  their  first  meeting  they  shall  organize  by  electing 
one  of  their  number  Chairman  of  the  Board,  who  shall  preside  at 
the  official  meetings  of  the  Board,  and  another  Clerk  of  the  Board, 
who  shall  record  their  proceedings  in  a  book  provided  for  that  pur- 
pose. Each  member  of  the  Board  of  Trustees  shall  be  duly  noti- 
fied of  all  meetings  of  the  Board  by  the  Clerk  of  the  Board :  Pro- 
vided, That  the  foregoing  provisions  of  this  section  shall  not  apply 
to  special  and  graded  school  districts  created  by  special  Acts ;  but 
that  the  Trustees  and  School  Commissioners  of  all  special  and 
graded  school  districts  shall  remain  the  same  in  number,  and  shall 
be  elected  or  appointed  in  the  same  manner,  and  shall  hold  the  office 
for  the  same  time  as  is  provided  for  in  the  respective  special  Acts, 
except  that  in  the  special  school  districts,  where  the  Trustees,  or 
their  successors,  are  appointed  by  the  State  Superintendent  of  Edu- 
cation under  the  provisions  of  the  special  Acts,  the  Trustees  shall 
hold  office  until  the  first  Tuesday  in  July,  1906,  on  which  day,  and 
on  the  same  day  every  two  years  thereafter,  the  Trustees  shall  be 
elected  by  the  qualified  electors  of  such  school  districts :  Provided,. 
That  special  school  districts  having  a  population  of  not  less  than 
five  thousand  inhabitants,  and  in  which  the  Boards  are  not  fixe.d  by 
special  or  specific  legislation,  may  elect  on  the  second  Tuesday  in 
January,  1904,  and  on  the  second  Tuesday  in  January  of  any  alter- 
nate year  thereafter,  nine  Trustees,  to  constitute  a  Board  in  their 
respective  districts :  Provided,  -further,  That  three  of  the  said  Trus- 
tees to  be  elected  at  said  election  shall  serve  for  a  term  of  two  years, 
three  for  a  term  of  four  years,  and  three  for  a  term  of  six  years  ; 
the  term  of  each  Trustee  to  be  determined  by  lot,  in  the  presence  of 
the  County  Board  of  Education;  and  on  the  second  Tuesday  of 
January  every  two  years  thereafter  three  Trustees  shall  be  elected 
to  serve  for  a  term  of  six  years.  The  election  of  all  Trustees  for 
all  such  school  districts  shall  be  by  ballot,  and  shall  be  conducted 
under  the  supervision  of  three  qualified  electors  residing  within  the 
district,  who  shall  be  appointed  by  the  County  Board  of  Education, 
at  least  ten  days  prior  to  the  holding  of  the  election.  The  managers 


40  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

shall  report  the  result  of  the  election  to  the  County  Board  of  Edu- 
cation within  ten  days  thereafter,  which  Board  shall  commission 
the  Trustees  so  elected.  The  Board  of  Trustees  of  each  special  or 
graded  school  district  shall  elect  from  their  number  a  Chairman, 
who  shall  preside  at  their  meetings,  and  a  Secretary  or  Secretary 
and  Treasurer,  who  shall  record  the  proceedings  of  the  Board,  and 
who  shall  keep  a  full  and  accurate  account  of  all  moneys  received 
and  expended,  showing  the  source  and  disposition  of  each  item,  and 
who  shall  make  a  complete  itemized  report  of  the  receipts  and  dis- 
bursements of  each  scholastic  year  to  the  County  Superintendent  of 
Education  on  or  before  the  fifteenth  day  of  July  of  each  year.  The 
books  and  vouchers  of  the  Secretary  and  Treasurer  shall  be  open 
at  all  times  to  inspection  by  the  public:  Provided,  further,  That 
upon  the  petition  of  one-third  of  the  qualified  electors  of  School 
District  No.  13,  in  Abbeville  county,  filed  with  the  County  Super- 
intendent of  Education  on  or  before  the  first  day  of  June  in  any 
year  when  School  Trustees  are  to  be  appointed,  the  County  Board  of 
Education  shall  order  an  election  to  elect  the  Trustees  for  School 
District  No.  13  in  the  manner  herein  provided  for  in  the  election  of 
Trustees  of  special  school  districts :  Provided,  further,  That  upon 
the  petition  of  one-third  of  the  qualified  electors  of  any  school  dis- 
trict in  Chesterfield  and  Oconee  counties,  except  special  and  graded 
school  districts  created  by  special  Acts,  filed  with  the  Superintend- 
ent of  Education  of  said  county  on  or  before  the  first  day  of  June 
in  any  year  when  School  Trustees  are  to  be  appointed,  the  County 
Board  of  Education  shall  order  an  election  to  elect  the  Trustees  for 
such'  school  districts  in  the  manner  herein  provided  for  the  election 
of  Trustees  of  special  school  districts. 

1903,  XXVI,  64;  1904,  XXIV,  528;  1906,  XXV,  31.  Amended 
1919. 

Note. — Qualification  of  Trustee:  He  must  have  resided  in  county  one 
year,  and  be  a  resident  qualified  elector  and  taxpayer  in  the  school  dis- 
trict. Attorney  General's  opinion,  1904,  p.  40.  He  need  not  be  a  free- 
holder. Attorney  General's  opinion,  1904,  p.  42. 

There  are  to  be  three  Trustees  only,  except  where  by  a  special  pro- 
vision of  law  provision  is  made  for  a  larger  number,  see  Attorney  Gen- 
eral's opinion,  1903,  p.  1065.  The  terms  of  Trustees  expire  on  the  first 
Tuesday  in  July  in  alternate  years,  see  Attorney  General's  opinion,  1903, 
p.  1066,  68.  This  section  does  not  affect  the  election  of  Trustees  in  spe- 
cial districts  created  by  special  Act,  except  as  expressly  provided.  Attor- 
ney General's  opinion,  1903,  p.  47-51. 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  41 

School  Trustees  cannot  hold  any  other  office;  for  instance,  Mayor, 
Alderman,  City  Clerk,,  etc.  Attorney  General's  opinion,  1907,  p.  106,  108, 
\105.  If  he  accepts  another  office  he  may  still  act  as  Trustee  until  his 
office  is  declared  vacant  in  a  judicial  proceeding,  see  Attorney  General's 
opinion,  1905,  p.  47.  Two  members,  being  a  majority  of  the  Board,  can 
transact  business,  see  Attorney  General's  opinion,  1906,  p.  105.  If  the 
absent  member  has  been  notified  of  the  time  and  place  of  meeting,  see 
Attorney  General's  opinion,  1905,  p.  47. 

School  Trustees  may  be  removed  by  the  County  Board  without  pre- 
ferring charges  against  them.  Attorney  General's  opinion,  1905,  p.  56. 

School  Trustees  cannot  hold  office  of  Postmaster,  nor  Probate  Judge. 
Attorney  General's  opinion,  October  10,  24,  1912. 

County  Board  may  summarily  remove  Trustee.  Attorney  General's 
opinion,  July  30,  1917. 

§  1753.  Duty  of  Board  of  Trustees. — The  Board  of  Trustees 
in  each  school  district  shall  take  the  management  and  control  of  the 
local  educational  interests  of  the  same,  and  shall  visit  each  school 
district  at  least  once  in  every  school  term,  and  shall  be  subject  to 
the  supervision  and  orders  of  the  County  Board  of  Education. 

Civil  1902,  §  1211;  1896,  XXII,  165. 

Note.— Bryson  v.  Daniel,  52  S.  C.  201;  Young  v.  Trustees,  64  S.  C.  131. 

§  1754.  Regular  Session  of  Board  of  Trustees. — The  Board 
of  Trustees  shall  hold  a  regular  session  in  their  school  districts  at 
least  two  weeks  before  the  commencement  of  any  or  every  school 
term  for  the  transaction  of  any  and  all  business  necessary  to  the 
prosperity  of  the  schools,  with  power  to  adjourn  from  time  to  time 
and  to  hold  special  meetings  at  any  time  or  place  when  called  upon 
by  the  Chairman  or  any  two  members  of  the  Board. 

Civil  1902,  §  1212;  1896,  XXII,  165. 

§  1755.  Power  to  Sell  School  Property. — The  School  Trus- 
tees of  the  several  school  districts  are  authorized  and  empowered  to 
sell  school  property,  real  or  personal,  in  their  school  districts  when- 
ever they  deem  it  expedient  to  do  so,  and  to  apply  the  proceeds  of 
sale  or  sales  to  the  school  fund  of  the  district  wherein  such  sale  is 
made :  Provided,  That  the  consent  of  the  County  Board  of  Educa- 
tion be  first  obtained  by  the  Trustees  desiring  to  make  such  sale. 
That  it  shall  be  the  duty  of  the  said  Board  of  Trustees,  within  thirty 


42  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

days  after  said  sale,  to  enclose  a  report  of  the  same  to  the  County 
Board  of  Education,  setting  forth  the  terms  and"  amount  of  said  sale. 

Note. — As  to  schoolhouses  and  custody  of  school  property  under  Sees. 
1755-61-38,  see  Attorney  General's  opinion,  January  8,  1915. 

Civil  1902,  §  1213;  1896,  XXII,  165. 

Note.— In  the  case  of  the  State  v.  Elliott,  94  S.  C.  35,  a  School  Trustee 
was  convicted  of  misconduct  in  office  for  using  the  school  funds  to  erect 
a  building  on  the  lands  of  his  wife  and  then  failing  and  neglecting  to 
secure  good  title  to  the  district. 

As  to  power  to  sell  schoolhouse,  see  Attorney  General's  opinion,  Janu- 
ary 10,  1918. 

Trustees  cannot  mortgage  property.  Attorney  General's  opinion,  July 
18,  1917. 

§   1756.  Transfer  of  Pupils  —  When  and  How  Made. — 

When  it  shall  so  happen  that  persons  are  so  situated  as  to  be  better 
accommodated  at  the  school  of  an  adjoining  district,  whether  spe- 
cial or  otherwise,  the  Board  of  Trustees  of  the  school  district  in 
which  such  persons  reside  may  transfer  such  persons  for  education 
to  the  school  district  in  which  such  school  is  located;  and  the  Trus- 
tees of  the  school  district  where  the  school  is  located  shall  receive 
such  persons  into  the  school  as  though  they  reside  within  the  dis- 
trict :  Provided,  That  children  shall  not  be  transferred  from  a  school 
district  in  one  county  to  a  school  district  in  an  adjoining  county  with- 
out the  consent  of  the  Board  of  Education  of  the  respective  counties 
in  which  the  transfer  is  made :  Provided,  further,  That  if  any  tax- 
payer pays  taxes  in  two  or  more  counties  he  shall  have  the  right  to 
send  his  children  to  the  school  of  any  one  of  said  counties :  Provided, 
further,  That  if  any  pupil  go  from  his  home  school  district  and 
attend  school  in  another  district  without  having  been  first  legally 
transferred  by  the  action  of  the  Board  of  Trustees  of  the  district 
wherein  he  resides  his  enrollment  shall  be  counted  in  the  district  in 
which  he  resides. 

Civil  1902,  §  1214;  1896,  XXII,  165  ;  1912,  XXVII,  619.  Amended 
1919. 

Note. — As  to  the  transfer  of  pupils  from  one  school  to  another,  see 
Attorney  General's  opinion,  January  31,  1913,  May  2,  1913,  April  29,  1915. 
For  direction  as  to  enrollment,  see  Ante,  Sec.  1715.  The  transfer  is  only 
authorized  between  adjoining  districts.  Attorney  General's  opinion,  1903, 
1069.  Scholars  from  one  district  are  not  entitled  to  free  tuition  in 
another  district  unless  transferred  under  this  section,  see  Attorney  Gen- 
eral's opinion,  1906,  p.  103.  They  cannot  be  received  as  free  pupils  with- 
out such  transfer,  see  Attorney  General's  opinion,  1904,  p.  37.  The  order 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  43 

making  the  transfer  may  be  reviewed  by  the  County  Board  of  Educa- 
tion on  appeal.  Attorney  General's  opinion,  1905,  pp.  50,  54.  It  is  too- 
late  to  appeal  after  both  district  boards  have  acquiesced  in  the  transfer. 
Attorney  General's  opinion,  1904,  p.  36. 

§  1757.   Reports  of  Teachers — How  and  to  Whom  Made. 

— Each  school  teacher  shall  make  out  and  file  with  the  Clerk  of  the 
Board -of  Trustees,  at  the  expiration  of  each  school  month,  a  full 
and  complete  report  of  the  whole  number  of  pupils  admitted  to  the 
school  during  each  month,  distinguishing  between  male  and  female,, 
the  average  attendance,  the  branches  taught,  the  number  of  pupils 
engaged  in  studying  each  of  said  branches,  and  such  statistics  as  he 
or  she  may  be  required  to  make  by  the  County  Board  of  Education : 
Provided,  That  whenever  a  teacher  is  unavoidably  prevented  from 
filing  said  report  at  the  expiration  of  any  school  month,  the  Board 
of  School  Trustees  may  have  authority  to  receive  the  report  within 
a  reasonable  time  thereafter  if  in  their  opinion  the  reasons  for  the 
delay  are  good  and  sufficient.  On  the  filing  of  the  teacher's  report, 
and  its  approval  by  the  Board  of  Trustees,  their  Clerk  shall  draw 
an  order  in  duplicate  on  the  County  Treasurer  for  the  amount  due 
such  teacher,  which  shall  be  signed  by  the  Board,  which  order,  if 
accompanied  by  a  copy  of  said  monthly  report  and  approved  by  the 
County  Superintendent  of  Education,  shall  be  countersigned  by  him 
and  the  duplicate  filed  in  his  office. 

Civil  1902,  §  1215;  1896,  XXII,  165. 

Note. — Pupils  cannot  be  included  in  enrollment  unless  they  have 
attended  school  at  least  ten  days  during  the  session,  see  Attorney  Gen- 
eral's opinion,  1905,  p.  63.  Separate  pay  warrants  must  be  issued  to- 
each  teacher.  Attorney  General's  opinion,  1904,  p.  44.  And  salaries  are 
to  be  paid  only  for  the  term  the  public  school  runs.  Attorney  General's 
opinion,  1903,  p.  1076. 

§  1758.  Claims  Against  Fund  —  How  and  By  Whom 
Signed. — All  claims,  of  every  description  whatsoever,  which  are 
chargeable  against  the  fund  raised  for  the  support  of  the  free  pub- 
lic schools  of  the  State,  except  such  as  are  otherwise  provided  for 
by  law,  must  be  signed  by  at  least  a  majority  of  the  Board  of  Trus- 
tees of  the  school  district  against  which  the  claims  are  chargeable; 
and  the  correctness  and  legality  of  the  same  shall  be  sworn  to  and 
subscribed  by  the  person  presenting  such  claim  before  it  shall  be 
approved  by  the  person  or  persons  authorized  by  law  to  give  such 
approval.  School  Trustees  and  County  Superintendents  of  Educa- 


44  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

tion  shall,  free  of  charge,  administer  oaths  to  persons  presenting 
the  claims  contemplated  by  this  section. 

Civil  1902,  §  1216;  1896,  XXII,  165. 

Note. — Approval  of  claim  is  not  compellable  by  mandamus.  Williams 
v.  Hires,  51  S.  C.  388.  The  indorsement  of  approval  need  not  be  under 
official  seal.  State  v.  Morton,  51  S.  C.  323.  A  school  district  is  a  part  of 
the  county's  territory,  divided  off  by  the  County  Board  of  Education,  for 
taxation  for  school  purposes.  Gallishaw  v.  Jackson,  99  S.  C.  342. 

§  1759.  All  School  Warrants  to  Be  Approved  by  County 
Superintendent  of  Education.  —  Any  and  all  school  warrants 
issued  by  any  Board  of  School  Trustees  against  any  public  school 
fund  shall  not  be  paid  by  the  County  Treasurer  or  other  officer  hav- 
ing the  custody  of  such  fund  until  the  warrant  has  been  approved 
by  the  County  Superintendent  of  Education  of  the  county  in  which 
said  warrant  is  drawn. 

1909,  XXVI,  132. 

Note. — Mandamus  will  not  issue  to  compel  the  County  Superintendent 
to  approve  a  warrant  where  it  does  not  appear  that  the  County  Treas- 
urer has  sufficient  funds  to  pay  it.  Rouse  v.  Benton,  100  S.  C.  150. 

§  1760.  Trustees  Not  to  Receive  Pay  as  Teachers. — It  shall 
be  unlawful  for  a  School  Trustee  to  receive  pay  as  a  teacher  of  a 
free  public  school. 

Civil  1902,  §  1217;  1896,  XXII,  165. 

§  1761.  Powers  and  Duties  of  Sohool  Trustees. — The  Board 
of  Trustees  shall  also  have  authority,  and  it  shall  be  their  duty : 

1.  To  Provide  Schoolhouses.  —  To  provide  suitable  school- 
houses  in  their  districts,  and  to  make  the  same  comfortable,  paying 
due  regard  to  any  schoolhouse  already  built  or  site  procured,  as  well 
as  to  all  other  circumstances  proper  to  be  considered  so  as  to  best 
promote  the  educational  interests  of  their  district. 

2.  To  Employ  and  Discharge  Teachers. — To  employ  teach- 
ers  from  those  having  certificates   from  their   County   Board   of 
Examiners  or  from  the  State  Board  of  Education,  and  fix  their  sal- 
aries, and  to  discharge  the  same  when  good  and  sufficient  reasons 
for  so  doing  present  themselves,  subject  to  the  supervision  of  the 
County  Board  of  Education. 

Qualification  of  Teacher. — No  general  or  special  School  Trus- 
tee shall  hereafter  employ  any  teacher  who  has  not  a  certificate  to 
teach  in  the  free  public  schools  of  the  State.  This  provision,  how- 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  45 

ever,  not  to  affect  the  employment  of  any  teacher  now  teaching  in 
any  of  the  schools  of  the  special  school  districts :  Provided,  further, 
That  the  Trustees  of  any  such  school  shall  always  have  the  right  and 
power  to  impose  any  additional  examinations  and  qualifications  they 
may  deem  proper  before  or  after  employing  any  teachers  :  Provided, 
also,  That  all  funds  of  the  free  public  schools  of  the  State  other 
than  those  arising  from  the  special  levy  of  special  school  districts 
shall  be  paid  out  of  the  county  treasury  upon  warrants  duly  vouched 
by  the  School  Trustees  of  the  respective  schools  or  school  districts 
or  otherwise  as  provided  by  the  laws  governing  any  special  school 
district. 

3.  To  Suspend  or  Dismiss  Pupils. — To  suspend  or  dismiss 
pupils  when  the  best  interests  of  the  schools  make  it  necessary. 

4.  To  Call  Meetings  for  Consultation. — To  call  meetings  of 
the  qualified  electors  of  the  district  for  consultation  in  regard  to  the 
school  interests  thereof ;  at  which  meetings  the  Chairman  or  other 
member  of  the  Board  shall  preside,  if  present. 

5.  To  Control  School  Property. — To  take  care  of,  manage 
and  control  the  school  property  of  the  district. 

6.  To  Visit  the  Schools.  —  To  visit  the  free  public  schools 
within  their  district  from  time  to  time,  and  to  take  care  that  they 
ore  conducted  according  to  law  and  with  the  utmost  efficiency. 

7.  Ferriage  of  Trustees. — They  shall  be  allowed  to  cross  all 
bridges  or  ferries  free  of  charge  when  they  are  traveling  on  official 
business. 

Civil  1902,  §  1218;  1896,  XXII,  165. 

No,te. — Location  of  schoolhouse  site  by  Trustees  is  subject  to  review 
by  the  County  Board  of  Education.  Sligh  v.  Bowers,  62  S.  C.  409;  Young 
v.  Trustees,  64  S.  C.  131.  See  also  Attorney  General's  opinion,  1904,  p. 
26.  Trustees  cannot  charge  pupils  incidental  fees.  Younger  v.  Trustees, 
64  S.  C.  131.  The  teacher  elected  must  be  one  having  a  certificate. 
Attorney  General's  opinion,  1904,  p.  43,  and  cannot  be  elected  for  a 
longer  term  than  that  of  the  Trustees  electing.  Attorney  General's  opin- 
ion, 1901,  p.  43,  also  opinion,  1916.  The  Trustees  cannot  employ  a  super- 
intendent to  visit  and  supervise  the  work  of  the  schools  in  their  district. 
Attorney  General's  opinion,  1904,  p.  44.  The  power  granted  Trustees 
under  this  section  is  subject  to  the  supervision  and  orders  of  the  County 
Board  of  Education.  Bryson  v.  Daniel,  52  S.  C.  201.  As  to  authority  of 
Trustees  to  suspend  or  dismiss  pupils  when  the  best  interest  of  the 
school  makes  it  necessary,  and  their  duty  to  provide  separate  schools 
for  children  of  different  races,  see  Tucker  v.  Blease,  97  S.  C.  303.  Trus- 
tees are  charged  by  law  with  the  duty  of  erecting  sch  >olhouses  so  as  to 


46  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

promote  the  educational  interests  of  their  districts  and  cannot  by  con- 
tract divest  themselves  of  the  right  to  so  exercise  their  judgment.     Ex 
parte  Surratt,  103  S.  C.  525;  Surratt  v.  Cash,  103  S.  C.  531. 

Repairs  to  school  buildings  can  be  most  advantageously  made  when 
the  school  is  not  in  session  and  are  usually  made  at  such  time  to  avoid 
interference  with  school  work.  Walker  v.  Sawyer,  104  S.  C.  342.  As  to 
power  of  Board  of  Trustees  to  make  contracts  effective  beyond  their 
own  'terms  of  office,  see  Rouse  v.  Benton,  100  S.  C.  150.  As  to  payment 
of  teachers'  salaries  under  subdivision  2,  see  Attorney  General's  opinion, 
November  19,  1914.  As  to  election  of  teachers  related  to  Trustees,  see 
Attorney  General's  opinion,  August  13,  1915.  As  to  power  of  Trustees 
to  contract  with  teachers  for  services  beyond  the  term  of  Trustee  so 
contracting,  see  Attorney  General's  opinion,  July  5,  1916.  Power  of 
Trustees  must  be  exercised  subject  to  supervision  of  County  Board  of 
Education,  see  Attorney  General's  opinion,  August  22,  1916.  Number  of 
hours  which  a  school  teacher  would  work  per  day  is  within  the  discre- 
tion of  the  Trustees,  see  Attorney  General's  opinion,  January  31,  1913. 
A  School  Trustee  may  be  indicted,  after  he  has  gone  out  of  office,  for 
misdemeanors  and  violations  of  law  committed  by  him  while  holding: 
office  of  School  Trustee.  State  v.  Elliott,  94  S.  C.  35. 

§  1761a.  All  Public  School  Buildings  to  Be  Insured  by 
the  Sinking  Fund  Commission. — All  insurance  of  public  school 
buildings  and  on  the  contents  thereof,  whether  such  buildings  are 
held  and  operated  under  the  general  school  laws  or  laws  applicable 
to  special  school  districts  only,  shall  be  carried  by  the  Sinking  Fund 
Commission,  upon  the  expiration  or  cancellation  of  existing  policies, 
and  upon  all  new  insurance. 

§  1761b.  Officers  Having  Custody  of  Such  Buildings  to 
Insure  as  Provided  Herein. — The  proper  officer,  official  or  offi- 
cials, or  Trustees  having  by  law  the  care  and  custody  of  State  and 
county  buildings  and  of  public  school  buildings,  shall  insure  such 
buildings  under  the  provisions  herein  set  forth,  whether  such  build- 
ings have  been  heretofore  insured  or  not. 

§  1761c.  State  Superintendent  and  County  Superintendent 
to  Furnish  List  of  Buildings. — The  State  Superintendent  of  Edu- 
cation and  the  County  Superintendent  of  Education  of  the  several 
counties  of  the  State  shall  furnish  to  the  Sinking  Fund  Commission, 
on  request,  a  complete  list  showing  the  location  of  each  and  every 
school  building  in  their  county,  the  number  of  the  school  district  in 
which  said  buildings  are  located  and  the  names  and  addresses  of 
the  Trustees  having  the  building  in  charge. 

§  176 Id.  Premium  Rate. — All  insurance  carried  by  the  Sink- 
ing Fund  Commission,  as  provided  for  in  this  Act,  shall  be  carried 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  47 

at  the  same  premium  rate  which,  in  the  judgment  of  the  Sinking 
Fund  Commission,  would  be  charged  by  reliable  old  line  insurance 
companies  for  carrying  this  insurance :  Provided,  That  should  the 
said  old  line  insurance  companies  increase  or  decrease  their  rates, 
the  Sinking  Fund  Commission  shall  not  be  required  to  follow  such 
change  in  rates,  if  in  their  judgment  the  change  is  not  justified. 

§  1761e.  Payment  of  Premiums. — The  premium  on  all  pol- 
icies of  insurance  issued  by  the  Sinking  Fund  Commission  shall  be 
paid  by  the  officer,  official  or  Trustee  having  the  property  insured 
under  their  care  and  custody  upon  demand  of  the  Sinking  Fund 
Commission,  and  in  the  event  that  there  be  no  funds  on  hand  with 
which  to  make  said  payment  when  demand  is  made,  then  payment 
shall  be  made  out  of  the  first  funds  available  for  such  institution, 
county,  or  school  district,  and  until  paid  the  premium  due  the  Sink- 
ing Fund  Commission  shall  be  a  preferred  claim:  Provided,  That 
the  Sinking  Fund  Commission  may  charge  interest  at  the  rate  of 
five  (5%)  per  cent,  per  annum  on  all  amounts  due  and  unpaid  as 
premium  on  policies  issued 

§  1761f.  Sinking  Fund  Commission  to  Reinsure  School 
Property. — The  Sinking  Fund  Commission  shall  reinsure,  upon 
terms  which  the  Commission  may  deem  most  advantageous  in  relia- 
ble insurance  company  or  companies,  such  portion  of  their  insurance 
liability  as  is  commensurate  with  the  principles  of  safe  underwrit- 
ing, and  shall,  from  time  to  time,  prescribe  such  rules  and  regula- 
tions as  may  be  necessary  in  placing  and  handling  this  reinsurance. 

§  1761g.  Disposition  of  Funds  from  Premiums. — All  funds 
paid  over  to  the  Sinking  Fund  Commission  as  premiums  on  policies 
of  insurance,  and  all  money  received  from  interest  on  loans  and 
deposits,  and  from  any  other  source,  connected  with  the  insurance 
of  public  property  provided  for  herein,  shall  be  held  by  the  Sinking 
Fund  Commission  as  an  insurance  sinking  fund  for  the  purpose  of 
paying  all  fire  losses  for  which  they  are  liable,  and  the  expenses  nec- 
essary to  the  proper  conduct  of  said  insurance  of  public  property  by 
the  Sinking  Fund  Commission,  and  shall  be  invested  by  them  as  are 
other  funds  in  their  hands :  Provided,  That  when  the  insurance 
sinking  fund  herein  provided  for  reaches  the  sum  of  one  million 
($1,000,000.00)  dollars,  no  further  premiums  shall  be  paid  until  a 
part  of  such  fund  has  been  used  in  the  payment  of  losses  and 
expenses,  and  in  that  event  the  premiums  of  insurance  shall  be 


48  GENERAL,  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

again  paid  as  provided  herein  until  the  fund  again  reaches  the  sum 
of  one  million  ($1,000,000.00)  dollars. 

§  1761H.  How  Insurance  Effected. — The  Sinking  Fund  Com- 
n.ission  shall  notify  the  officers,  officials  or  Trustees  having  the  care 
and  custody  of  the  buildings  insured  under  the  provisions  of  this 
Act,  in  writing,  in  advance  of  the  expiration  of  policies  of  insurance 
on  such  buildings,  and  the  officer,  official  or  Trustees  so  served  with 
written  notice  shall  immediately  make  application  to  the  Sinking 
Fund  Commission  for  the  renewal  of  said  insurance,  and  shall  for- 
ward with  their  application  the  amount  of  premium  due  the  Sinking 
Fund  Commission  on  the  insurance  applied  for :  Provided,  That  in 
the  event  no  funds  are  available  with  which  to  pay  the  premium  at 
the  time  application  is  made  the  officer,  official  or  Trustees  making 
application  shall  so  state,  and  the  amount,  with  interest,  shall  be  paid 
by  them  out  of  the  first  funds  available,  as  provided  in  Section  6 
(1761f)  of  this  Act. 

§  1761L    Failure  to  Comply  With  This  Act  a  Misdemeanor. 

— Any  officer,  official  or  Trustees  upon  whom  the  duties  provided 
in  this  Act  devolve  who  fail  or  refuse  to  carry  out  the  provisions 
of  this  Act  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  fined  in  a  sum  not  less  than  twenty-five  ($25.00) 
dollars  nor  more  than  one  hundred  ($100.00)  dollars,  or  imprison- 
ment not  less  than  ten  nor  more  than  thirty  days. 

§  1761J.  Valuation  of  Buildings. — The  value  of  all  buildings 
insured  under  the  terms  of  this  Act,  as  fixed  by  the  policies  of  insur- 
ance on  said  buildings,  and  the  value  of  all  public  buildings  here- 
after constructed  shall  be  the  actual  cost  of  such  buildings :  Pro- 
vided, That  where  it  is  desired  to  increase  or  decrease  the  value 
of  any  building  insured  under  the  terms  of  this  Act,  the  value  of 
the  building  or  buildings  shall  be  fixed  by  three  appraisers,  to  be 
appointed  and  paid  as  provided  in  Section  15  of  this  Act.  (See 
17611). 

1761k.  Amount  of  Insurance.. —  The  amount  of  insurance 
to  be  carried  on  all  the  buildings  and  contents  thereof,  as  provided 
herein,  shall  be  fixed  by  the  officers,  officials  or  Trustees  having  such 
buildings  in  their  care  and  custody :  Provided,  That  the  amount  of 
insurance  to  be  carried,  as  fixed  by  them,  shall  in  no  event  exceed 
the  value  of  the  building  and  contents  to  be  insured. 


SCHOOL  LAW  o£  SOUTH  CAROLINA.  49 

§  17611.  Adjustment  and  Payment  of  Losses. — In  the  event 
of  loss  or  damage  by  fire  or  lightning,  the  amount  of  such  loss  or 
damage  to  be  paid  by  the  Sinking  Fund  Commission  shall  be  deter- 
mined by  three  appraisers,  one  to  be  named  by  the  Sinking  Fund 
Commission,  one  by  the  officer,  official  or  Trustees  having  the  dam- 
aged or  destroyed  building  in  charge,  and  the  two  so  appointed  shall 
select  the  third.  These  appraisers  shall  file  their  written  report  with 
the  Sinking  Fund  Commission  and  a  duplicate  copy  with  the  insured. 
The  cost  of  the  appraisal  shall  be  borne,  one-half  by  the  Sinking 
Fund  Commission  and  one-half  by  the  insured :  Provided,  That  the 
amount  paid  by  the  Sinking  Fund  Commission,  as  fixed  by  the 
appraisers,  shall,  in  the  event  the  building  so  damaged  or  destroyed 
is  a  county  building  or  a  public  school  building,  be  paid  over  to  the 
County  Treasurer  of  the  county  in  which  the  building  is  located,  to 
be  by  said  County  Treasurer  paid  out  as  required  by  law,  upon 
the  proper  warrant  or  order  of  the  proper  official  or  Trustee  for 
the  repair,  restoration  or  rebuilding  of  the  property  damaged  or 
destroyed ;  and  in  the  event  the  property  so  damaged  is  State  prop- 
erty, then  the  amount  shall  be  paid  over  to  the  officer,  official  or  offi- 
cials having  the  property  in  their  care  and  custody,  to  be  expended 
by  them  for  the  repair,  restoration  or  rebuilding  of  the  property  so 
damaged  or  destroyed. 

§  1761m.  Inconsistent  Acts  Repealed. — All  Acts  and  parts 
of  Acts  inconsistent  with  the  provisions  of  this  Act  are  hereby 
repealed. 

Acts  of  1918,  p.  881.    Amended  1919.     See  Acts. 

§  1762.  Fund  for  Public  School  Buildings.  —  The  County 
Boards  of  Education  of  the  various  counties  of  this  State  are  author- 
ized to  annually  set  aside  an  amount  equal  to  .five  per  cent,  of  the 
entire  public  school  funds  of  their  respective  counties,  which  said 
amounts  shall  be  used  by  the  said  County  Boards  of  Education  for 
.the  purpose  of  encouraging  and  aiding  in  the  construction  of  ade- 
quate public  school  buildings  in  their  respective  counties. 

1905,  XXIV,  905 ;  1910,  XXVI,  628. 

§  1763.  Additions  to  Funds. — When  the  friends,  patrons  or 
Trustees  of  any  public  school  in  any  school  district  in  any  county  in 
this  State  shall  raise  by  private  subscription,  special  tax,  regular 
tax,  sale  of  old  buildings,  issuing  bonds,  or  otherwise,  funds  for 
building  a  schoolhouse  in  such  district,  the  County  Board  of  Educa- 


50  GK NERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

tion  of  such  county  shall  turn  over  to  the  Trustees  of  such  school, 
from  funds  set  aside  for  such  purpose  hereunder,  fifty  ($50.00) 
dollars  for  each  one  hundred  ($100.00)  dollars  so  raised  by  such 
friends,  patrons  or  Trustees  for  constructing  such  school  building: 
Provided,  No  one  school  shall  receive  more  than  three  hundred 
($300.00)  dollars  under  the  provisions  herein:  Provided,  That  in 
the  case  of  the  consolidation  of  two  or  more  schools  an  additional 
bonus  of  fifty  ($50.00)  dollars  may  be  granted :  Provided,  further, 
That  no  more  than  one  school  in  any  one  district,  in  any  one  year, 
shall  receive  such  aid. 

1905,  XXIV,  905;  1910,  XXVI,  628. 

§    1764.    Consolidated    Districts   to    Have    Preference. — 

County  Boards  of  Education  shall  give  the  preference  to  school 
districts  which  have  combined  and  consolidated  two  or  more  school 
buildings. 

1905,  XXIV,  905. 

§  1765.  Must  Comply  With  Plans  of  the  State  Board  of 
Education. — Any  school  district  availing  itself  of  the  provisions 
herein  shall  comply  with  plans  and  specifications  approved  by  the 
State  Board  of  Education. 

1905,  XXIV,  905. 

§  1766.  Approval  of  County  Board  Necessary. — No  school 
shall  receive  aid  under  the  provisions  herein  without  the  approval 
of  the  County  Board  of  Education. 

1905,  XXIV,  905. 

§  1767.  How  Funds  Paid  Out.  —  The  funds  provided  for 
hereinabove  shall  be  paid  out  by  the  County  Treasurer  only  upon 
the  warrant  of  the  County  Board  of  Education,  countersigned  by 
the  County  Superintendent  of  Education,  and  any  funds  not  used  by 
the  end  of  the  year  shall  revert  back  to  the  general  school  fund  of 
the  respective  counties. 

1905,  XXIV,  905. 

State  Building  Fund  for  Schools. 

Note. — The  annual  appropriation  bill  carries  an  item  of  fifty  thousand 
($50,000.00)  dollars  for  public  school  buildings.  This  fund  is  disbursed 
upon  the  same  basis  as  the  extra  county  building  aid  authorized  in  Sec- 
tions 1762-1767. 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  51 

§  1768.  Tax  Returns. — The  County  Auditor  shall  require  each 
taxpayer  to  return  the  .number  and  name  of  the  school  district  in 
which  he  resides  when  he  makes  his  tax  return,  and  the  Auditor 
shall  state  the  name  in  a  separate  column  in  the  tax  duplicates. 

Civil  1902,  §  1219;  1896,  XXII,  165. 

§  1769.  Poll  Tax,  Etc.,  to  Be  Reported. — The  County  Audi- 
tor, when  he  has  completed  the  tax  duplicates,  shall  report  to  the 
County  Superintendent  of  Education,  by  school  districts,  the  names 
listed  for  poll  tax,  and  the  amount  of  taxable  property  where  there 
is  a  special  levy. 

Civil  1902,  §  1220;  1896,  XXII,  165. 

§  1770.  Poll  Tax  Retained  in  the  County. —  The  several 
County  Treasurers  shall  retain  the  poll  tax  collected  in  their  respec- 
tive counties ;  and  it  is  hereby  made  the  duty  of  the  said  Treasurer 
in  collecting  the  poll  tax  to  keep  an  account  of  the  exact  amount  of 
said  tax  collected  in  each  school  district  in  his  county,  and  the  poll 
tax  collected  therein  shall  be  expended  for  school  purposes  in  the 
school  district  from  which  it  was  collected ;  and  any  violation  of  this 
section  by  the  County  Treasurer  shall  constitute,  and  is  hereby 
declared,  a  misdemeanor,  and,  on  conviction  thereof,  the  said  County 
Treasurer  shall  pay  a  fine  of  not  more  than  five  hundred  dollars,  to 
be  used  for  school  purposes  in  the  county  suffering  from  such  viola- 
tion, or  imprisonment,  in  the  discretion  of  the  Court. 

Civil  1902,  §  1221 ;  1896,  XXII,  165. 

§  1771.  County  Treasurer  to  Report  Who  Have  Paid  Poll 
Tax. — Each  County  Treasurer,  when  he  has  finished  the  collection 
of  tax.es  for  his  county,  shall  report  to  the  County  Superintendent 
of  Education  the  names  of  the  persons  in  the  respective  school  dis- 
tricts who  have  paid  their  poll  tax. 

Civil  1902,  §  1222;  1896,  XXII,  165. 

§  1772.  Treasurer  to  Make  Monthly  Reports  to  County 
Superintendent  of  Education.  —  It  shall  be  the  duty  of  each 
County  Treasurer  to  report  monthly,  on  the  fifteenth  day  of  each 
month,  to  the  County  Superintendent  of  Education  of  his  county, 
the  amount  of  collections  and  disbursements  made  by  him  for  the 
month  on  account  of  school  tax  and  all  other  school  funds;  and  it 
shall  be  a  misdemeanor  on  the  part  of  any  County  Treasurer  to  neg- 
lect, fail  or  refuse  to  make  such  report,  and  on  conviction  thereof 


52  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

he  shall  pay  a  fine  of  not  more  than  five  hundred  dollars,  the  same 
to  be  used  for  school  purposes  in  his  county. 

Civil  1902,  §  1223;  1896,  XXII,  165. 

§  1773.  Moneys — How  Disbursed. — All  moneys  disbursed 
by  any  County  Treasurer  on  account  of  school  funds,  taxes  or  other 
school  funds  shall  be  paid  on  the  order  of  the  Board  of  School  Trus- 
tees, countersigned  by  the  County  Superintendent  of  Education,  or 
as  otherwise  directed  by  law. 

Note. — Distinction  between  countersigning  and  drawing  a  warrant  on 
school  funds.  Ex  parte  Board  of  Commissioners,  Florence  Graded 
School;  In  re  McDuffie,  School  Commissioner,  43  S.  C.  11. 

Civil  1902,  §  1224;  1896,  XXII,  165. 

§  1774.  County  Treasurer  to  Make  a  Report  to  State 
Superintendent.  —  Each  County  Treasurer  shall  make  out  and 
forward  to  the  State  Superintendent  of  Education  annually,  on  the 
first  day  of  November,  a  certified  statement  showing  (by  school  dis- 
tricts) the  amount  of  poll  tax  and  the  amount  of  all  other  school 
taxes  collected  by  him  for  the  fiscal  year  ending  on  the  thirty-first 
day  of  December  next  preceding ;  and  should  any  County  Treasurer 
fail  or  neglect  or  refuse  to  make  and  forward  the  statement  as 
herein  required,  the  State  Superintendent  of  Education  shall  make 
a  written  complaint  to  the  Circuit  Solicitor  for  the  county  in  which 
the  said  Treasurer  resides,  who  shall  prosecute  the  said  County 
Treasurer  for  the  same,  and  on  conviction  thereof  he  shall  be  sub- 
ject to  a  fine  not  more  than  five  hundred  dollars,  the  same  to  be 
used  for  free  public  school  purposes  in  his  county. 

Civil  1902,  §  1225;  1896,  XXII,  165. 

§  1775.   Unexpended  Balances  to  Be  Carried  Forward. — 

The  County  Treasurer  shall  carry  forward  all  sums  in  his  hands  col- 
lected for  any  previous  year  or  years  for  school  purposes,  and  unex- 
pended, to  the  next  fiscal  year,  and  credit  the  same  to  the  school 
district  respectively  for  which  it  was  apportioned,  and  he  shall  report 
the  same  to  the  County  Superintendent  of  Education. 

Civil  1902,  §  1226;  1896,  XXII,  165. 

§  1776.  Unlawful  for  Certain  Officers  to  Discount  Teach- 
ers' Pay  Certificates. — It  shall  be  unlawful  for  any  County  Treas- 
urer, County  Auditor,  member  of  County  Board  of  Education  or 
School  Trustee  to  buy,  discount  or  share,  directly  or  indirectly,  or 


GENERAL  SCHOOL,  LAW  OF  SOUTH  CAROLINA.  53 

be  in  any  way  interested  in  any  teacher's  pay  certificate  or  other 
order  on  school  fund,  except  such  as  are  payable  to  him  for  his  own 
services,  or  for  any  School  Trustee  to  make  any  contract,  or  be 
pecuniarily  interested,  directly,  in  any  contract  with  any  school  dis- 
trict of  which  he  is  Trustee. 

Civil  1902,  §  1227;  1900,  XXIII,  366. 

Note. — See  Criminal  Code  for  penalty  for  violation  of  this  section. 

§  1777.  Trustees  to  Regulate  the  School  Terms  —  Con- 
tracts  of  Trustees. — The  County  Board  of  Education  shall  regu- 
late the  opening  and  closing  of  the  school  terms  so  as  best  to  pro- 
mote and  subserve  the  educational  interest  of  the  different  sections 
of  their  counties:  Provided,  That  all  contracts  which  Boards  of 
Trustees  may  make  in  excess  of  the  funds  apportioned  to  their  dis- 
tricts shall  be  void.  And  no  teacher  shall  be  employed  by  a  Board 
of  Trustees  of  any  school  district  who  is  related  to  a  member  of 
the  Board  by  consanguinity  or  affinity  within  the  second  degree, 
without  the  written  approval  of  the  Board  of  Education  of  the 
county,  nor  unless  a  majority  of  the  parents  or  guardians  of  the 
children  attending  the  school  for  which  such  teacher  is  employed 
requests  such  employment  in  writing. 

Civil  1902,  §  1228;  1900,  XXIII,  366. 

Note. — Contracts  in  excess  of  funds  are  void,  being  beyond  the  power 
of  the  Trustees.  State  v.  Bowman,  66  S.  C.  153. 

A  petition  should  be  signed  by  the  parent  as  desiring  the  employment 
of  a  relative  of  a  Trustee  as  teacher,  and  the  approval  of  the  County 
Boar4  of  Education  should  be  indorsed  thereon.  Attorney  General's 
opinion,  1905,  p.  65. 

The  term  "second  degree"  includes  persons  related  as  uncle  and 
nephew  or  niece,  first  cousins  and  those  nearer.  Attorney  General's 
opinion,  1904,  p.  42. 

After  the  petition,  nomination  or  request  in  writing  is  submitted,  it  is 
for  the  Trustees  to  elect  or  not  as  they  see  proper.  Attorney  General's 
opinion,  1903,  p.  1075. 

Mode  of  computing  relationship.  Attorney  General's  opinion,  July  30, 
1917. 

§  1778.  Age  of  Attendance. — It  shall  not  be  lawful  for  any 
person  who  is  less  than  six  nor  more  than  twenty-one  years  of  age 
to  attend  any  of  the  free  public  schools  of  this  State:  Provided, 
hozvever,  That  the  maximum  limit  of  twenty-one  shall  not  apply  to 


54  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

night  schools,  and  persons  over  that  age  may  attend   such  night 
schools. 

Civil  1902,  §  1229;  1896,  XXII,  170.     Amended  1917,  Acts  51. 

Note. — Since  the  passage  of  the  Act  of  1913  permitting  Trustees  to 
establish  free  kindergartens  this  section  has  been  modified  to  the  extent 
of  allowing  children  under  six  years  of  age  to  attend  kindergartens 
established  under  the  Act.  Attorney  General. 

§  1778a.  Kindergarten  Schools  Established. — Any  County 
Board  of  Education  throughout  the  State,  upon  recommendation  of 
district  Trustees,  whether  known  by  that  name  or  another,  whether 
created  by  general  or  special  Act,  shall  have  power  to  establish  and 
provide  for  kindergartens  for  the  education  of  the  children  of  not 
less  than  four  years  of  age  within  their  respective  jurisdictions,  but 
no  child  under  the  age  of  six  years  shall  be  counted  in  the  average 
attendance  of  any  public  school  district  when  public  school  funds  are 
to  be  apportioned  to  the  several  school  districts. 

§  1778b.  Said  kindergartens,  when  so  established,  shall  be  a 
part  of  the  free  common  school  system  of  this  State,  and  all  funds 
now  available,  or  which  may  hereafter  become  available,  for  the 
maintenance  of  said  system,  and  all  other  funds  which  may  come 
into  the  hands  of  said  Boards  of  Education  for  educational  purposes 
shall  be  available,  in  due  proportion,  for  the  establishment  and  main- 
tenance of  said  kindergartens. 

§  1778c.  Equipment  of  Teachers. — No  teacher  or  instructor 
shall  be  employed  to  teach  in  the  kindergartens  of  this  State  who 
has  not  taken  at  least  a  two  years'  course  in  kindergarten  training 
and  received  a  certificate  or  diploma  from  a  recognized  kindergarten 
normal  training  school  approved  by  the  State  Board  of  Education. 

§  1778d.  Counties  Excepted. — All  laws  and  parts  of  laws  in 
conflict  with  this  Act  be,  and  the  same  are  hereby,  repealed :  Pro- 
vided, however,  That  the  terms  of  this  Act  shall  not  apply  to  the 
counties  of  Sumter,  York,  Greenwood,  Bamberg,  Abbeville,  Saluda, 
Lee,  Aiken,  Jasper,  Chesterfield  and  Williamsburg. 

Acts  1913. 

§  1779.  State  and  County  Boards  and  Trustees  Exempted 
from  Militia  Duty. — The  members  of  the  State  Board  of  Educa- 
tion appointed  by  the  Governor,  members  of  the  County  Boards  of 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  55 

Education  appointed  by  the  State  Board  of  Education  and  members 
of  the  Board  of  Trustees  shall  be  exempt  from  militia  duty. 

Civil  1902,  §  1230;  1896,  XXII,  170;  1901,  XXIII,  638. 

Note. — School  Trustees  and  teachers  employed  in  public  schools  are 
exempted  from  liability  to  work  on  the  public  roads.  24  Stats.  874. 

See  Criminal  Code  for  penalty  for  members  of  County  Boards  of  Edu- 
cation and  School  Trustees  attempting  to  act  after  expiration  of  their 
term,  or  removal  from  office;  and  for  teachers  acting  as  agent  for  school 
books. 

§  1780.  Mixed  Schools  Unlawful. — It  shall  be  unlawful  for 
pupils  of  one  race  to  attend  the  schools  provided  by  Boards  of  Trus- 
tees for  persons  of  another  race. 

Civil  1902,  §  1231;  1896,  XXII,  170. 

Note. — Flood  v.  News  and  Courier  Company,  71   S.  C.  112. 

§  1781.  Scholastic  Year. — The  scholastic  year  shall  begin  on 
the  first  day  of  July  of  each  year  and  end  on  the  thirtieth  day  of 
June  following. 

Civil  1902,  §  1232;  1896,  XXII,  170. 

§  1782.   Public  Schools  to  Be  Kept  Open  Three  Months. — 

The  free  public  schools  of  the  State  shall  be  kept  open  and  the  exer- 
cises thereof  continued,  in  each  school  district  in  the  State,  for  a 
period  of  at  least  three  months  in  each  and  every  year. 

Civil  1902,  §  1233;  1899,  XXIII,  112. 

§   1 783.   Appropriation  to  Increase  School  Terms.  —  Not 

less  than  the  sum  of  sixty  thousand  dollars  be  appropriated  annually 
for  the  purpose  of  increasing  the  average  length  of  the  free  school 
term  in  this  State  in  accordance  with  and  by  authority  expressed  in 
Section  6,  Article  XI  of  the  Constitution  of  1895. 

1910,  XXVI,  791. 

§  1784.  Same. — No  more  than  one  hundred  dollars  shall  be 
appropriated  to  any  one  school  in  any  one  scholastic  year,  but  no 
school  now  running  for  a  period  of  one  hundred  days  or  more,  or 
hereafter  to  run  a  period  of  one  hundred  days  or  more,  out  of  funds 
accruing  to  said  schools  from  the  regular  school  funds  shall  receive 
aid  from  this  appropriation.  And  no  school  shall  receive  aid  under 
authority  of  this  section  unless  the  district  in  which  said  school  is 


56  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

located  does  now,  or  hereafter  shall,  first  levy,  in  accordance  with 
law,  at  least  two  mills  special  school  tax. 

1910,  XXVI,  791. 

§  1785.  Same. — Schools  running  less  than  one  hundred  days, 
as  provided  herein,  may  receive  aid  from  this  fund  in  amounts  equal 
to  the  amounts  raised  by  special  taxation,  not  to  exceed  one  hundred 
dollars  for  any  one  school. 

1910,  XXVI,  791. 

§  1786.  Same. — Funds  appropriated  under  the  terms  of  this 
section  shall  not  become  available  in  any  school  district  except  upon 
petition  of  the  Board  of  Trustees  of  the  school  district  asking  aid, 
approved  and  countersigned  by  the  County  Superintendent  of  Edu- 
cation for  the  county  in  which  the  district  is  located. 

:    1910,  XXVI,  791. 

§  1787.  Same. — The  State  Superintendent  of  Education  may 
refuse  aid  under  the  provisions  of  this  section  if  it  is  made  to  appear 
to  him  that  the  expenditure  would  be  unwise  and  detrimental  to  the 
interest  of  free  school  education  in  said  district. 

1910,  XXVI,  791. 

§  1788.  Same. — The  State  Superintendent  of  Education,  with 
the  State  Board  of  Education,  shall  provide  rules  and  regulations 
for  the  distribution  of  this  fund,  and  shall  advise  such  regulations 
to  the  various  County  Superintendents  of  Education,  who,  in  turn, 
shall  advise  the  various  district  Trustees. 

1910,  XXVI,  791. 

§  1789.  Same. — Applications  must  be  filed  in  order  of  their 
receipt,  and  paid  or  refused  in  the  same  order. 

1910,  XXVI,  791. 

§  1790.  Annual  Capitation  Tax  on  Dogs. — There  shall  be 
imposed  and  assessed  on  all  dogs  in  this  State  a  capitation  tax  of 
fifty  cents  annually  on  each  dog,  except  in  the  county  of  Horry, 
where  said  capitation  tax  shall  be  one  dollar,  the  proceeds  of  which 
:shall  be  expended  for  school  purposes  in  the  several  school  districts 
in  which  it  is  collected. 

1909,  XXVI,  88. 


GENERAL,  SCHOOL  LAW  OF  SOUTH  CAROLINA.  57 

§    1792.   Acts  Creating   Special   Graded   School   Districts 
Not  Repealed — Annual  Reports — Special  Tax  and  Tuition. 

— Nothing  contained  in  this  Article  shall  be  construed  to  repeal  the 
Acts  of  the  General  Assembly  creating  special  and  graded  school 
districts,  and  the  provisions  of  said  Acts  shall  apply  to  said  school 
districts:  Provided,  That  the  Trustees  of  said  school  districts  and 
Commissioners  of  the  city  schools  of  Charleston  shall  make  annual 
reports  to  the  State  Superintendent  of  Education  in  such  form  and 
at  such  time  as  he  shall  prescribe:  Provided,  further,  Whenever 
under  the  provisions  of  law  any  school  district  or  municipal  cor- 
poration is  authorized  to  levy  a  special  tax  for  the  support  of  pub- 
lic schools  therein,  any  person  not  a  resident  of  said  school  district 
or  municipal  corporation  shall  be  entitled  to  a  credit  upon  fees  for 
the  tuition  of  his  or  her  children  by  the  amount  of  such  special  tax 
paid  by  such  person. 

Civil  1902,  §  1238;  1899,  XXII,  514. 

§  1793.  Textbooks  Provided  at  Cost — Funds — Deposito- 
ries, Etc. — The  County  Boards  of  Education  of  the  several  counties 
of  this  State  are  hereby  authorized  and  required  to  set  aside  from 
the  public  school  funds  of  their  respective  counties  an  amount,  not 
exceeding  five  hundred  dollars,  for  the  purpose  of  providing  the 
pupils  attending  the  free  public  schools  of  their  counties  with  school 
textbooks  at  actual  cost  or  exchange  prices.  The  amount  so  set 
aside  from  the  school  fund  shall  be  paid  to  the  County  Superintend- 
ent of  Education  by  the  County  Treasurer  out  of  the  unappropri- 
ated general  school  funds  in  his  hands,  on  the  warrant  of  the  said 
County  Board  of  Education,  and  shall  be  and  remain  a  permanent 
fund  in  the  hands  of  the  County  Superintendent  of  Education,  to 
be  used  in  purchasing  and  keeping  on  hand  school  textbooks  for  sale 
to  pupils  attending  the  free  public  schools  of  his  county  for  cash,  at 
actual  cost  or  exchange  prices,  and  to  be  used  for  no  other  purpose 
and  in  no  other  manner ;  and  the  places  where  said  school  textbooks 
are  kept  and  sold  shall  be  deemed  depositories,  under  control  of  the 
State,  as  provided  in  the  seventh  Article,  or  provision  in  the  seventh 
Article,  or  provision  in  the  contract  made  in  1893  with  the  publishers 
of  school  textbooks.  That  the  County  Superintendent  of  Education 
in  every  county  in  the  State  be,  and  is  hereby,  required  to  keep  his 
office  open  each  day  of  the  week  prior  to  the  time  appointed  for 
school  to  open  in  his  county,  and  for  one  week  immediately  there- 
after, and  for  at  least  one  day  in  each  week  during  the  remainder  of 


58  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

the  school  term,  for  the  convenience  of  those  wishing  to  purchase 
books:  Provided,  That  in  the  counties  of  Charleston,  Chesterfield, 
Edgefield,  Kershaw,  Lancaster,  Laurens,  Greenwood,  Lexington, 
Richland  and  Abbeville  the  County  Boards  of  Education  are  hereby 
authorized  and  empowered,  but  not  required,  to  carry  out  the  pro- 
visions of  this  section :  Provided,  however,  That  nothing  herein 
shall  prevent  the  keeping  of  said  depository  in  some  other  place 
than  the  office  of  the  Superintendent  of  Education,  if  in  his  judg- 
ment it  is  best  to  do  so. 

Civil  1902,  §  1239;  1897,  XXII,  428;  1898,  XXII,  762;  1902, 
XXIII,  1020;  1903,  XXIV,  64;  1905,  XXIV,  837;  1907,  XXV, 
481;  1908,  XXV,  1123. 

§  1794.  School  Trustees  May  Purchase  Books  for  Certain 
Pupils. — Whenever  it  shall  be  made  to  appear  to  the  satisfaction 
of  the  Trustees  of  any  school  district  that  any  patron  of  such  school 
is  unable  by  reastm  of  poverty  to  purchase  the  necessary  books  for 
the  use  of  his  or  her  child  or  children,  then  in  such  case  the  Trus- 
tees of  such  school  district  may,  in  their  discretion,  purchase  such 
necessary  books  for  such  pupils,  and  furnish  the  same  to  pupils 
under  such  regulations  as  the  Trustees  may  prescribe:  Provided, 
The  sum  so  expended  for  the  purchase  of  said  books  shall  not 
exceed  the  sum  of  five  per  cent,  of  all  the  school  fund  of  said  dis- 
trict in  any  one  year:  Provided,  further,  That  the  books  so  pur- 
chased shall  be  the  property  of  such  public  school  district  and  must 
be  returned  to  the  Board  of  Trustees  at  the  end  of  each  term. 

1902,  XXIII,  1020. 

§  1795.  School  Book  Depositories. — The  County  Superin- 
tendents of  Education  in  the  several  counties  of  this  State  are  hereby 
authorized  and  required  to  select  and  secure  a  reliable  merchant,, 
postmaster  or  other  reliable  person  in  each  township  in  each  county,, 
with  whom  there  shall  be  deposited  a  sufficient  number  of  school 
books  for  sale  for  schools  in  the  township,  at  not  exceeding  ten  per 
cent,  above  first  cost;  and  that  accurate  accounts  thereof  shall  be 
kept  by  the  said  County  Superintendent  with  each  depository. 

1905,  XXIV,  877. 

§  1 796.  Fund  for  Free  Libraries.  —  Whenever  the  friends, 
and  patrons  of  a  public  school  raise,  from  public  subscription  or 
otherwise,  a  sum  of  not  less  than  five  ($5.00)  dollars  nor  more  than 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  59 

twenty-five  ($25.00)  dollars,  and  deposit  same  with  the  County 
Treasurer  to  the  credit  of  their  school  district,  the  County  Board  of 
Education,  through  the  County  Superintendent  of  Education,  shall 
credit  such  district  with  an  equal  amount,  to  be  drawn  from  the 
County  Board  fund,  or  if  the  said  County  Board  fund  has  been 
exhausted,  to  be  drawn  from  the  general  school  fund  of  the  county. 
The  County  Superintendent  shall  then  make  application  to  the  State 
Superintendent  for  an  amount  equal  to  the  sum  raised,  by  private 
subscription  or  otherwise,  and  deposit  with  the  County  Treasurer. 
All  the  money  resulting  from  private  subscription  or  otherwise,, 
from  county  funds,  or  from  State  funds,  shall  be  held  in  the  county 
treasury  to  the  credit  of  the  school  district  and  shall  be  paid  out 
upon  the  warrant  of  the  Board  of  School  District  Trustees,  duly 
approved  and  countersigned  by  the  County  Superintendent  of  Edu- 
cation: Provided,  That  nothing  herein  shall  prevent  other  funds 
greater  than  those  mentioned  herein  being  raised  by  private  sub- 
scription and  applied  by  the  County  Superintendent  of  Education 
to  the  purposes  as  herein  set  forth. 

§  1797.  How  Funds  to  Be  Expended. — The  funds  provided 
under  Section  1  shall  be  expended  only  for  the  establishment  of  a. 
library,  for  the  enlargement  of  a  library,  or  for  the  purchase  of  sup- 
plementary readers  to  be  kept  in  the  school  library.  Any  free  pub- 
lic school  in  this  State  shall  be  entitled  to  participate  in  this  fund 
not  more  than  once  during  any  fiscal  year.  The  State  Board  of 
Education  shall  select  and  publish  a  list  of  library  books,  and  also  a. 
list  of  supplementary  readers,  and  shall  make  all  necessary  rules, 
and  regulations  concerning  the  use  and  care  of  libraries.  The  Trus- 
tees 'or  teacher  of  any  school  receiving  the  benefits  of  this  Act  shall 
file,  both  with  the  County  Superintendent  of  Education  and  with 
the  State  Superintendent  of  Education,  a  correct  and  legible  list  of 
books  purchased. 

§  1798.  State  Aid — How  Secured. — Any  school  planning  to> 
establish  a  library  and  needing  a  bookcase  may  secure  twelve  and 
fifty  one  hundredths  ($12.50)  dollars  from  the  State  for  the  pur- 
chase of  said  bookcase  whenever  the  friends  and  patrons  of  such  a 
school  raise,  from  private  subscription  or  otherwise,  and  deposit 
with  the  County  Treasurer,  twelve  and  fifty  one  hundredths  ($12.50) 
dollars  to  the  credit  of  their  school  district.  But  no  school  shall  be 
entitled  to  a  second  payment  of  State  aid  for  the  purchase  of  book- 


60  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

cases,  except  after  a  full  and  satisfactory  showing,  in  writing,  has 
been  made  to  the  State  Superintendent. 

§  1799.  Appropriation  for  Fund. — To  carry  out  the  purpose 
of  this  Act,  the  sum  of  five  thousand  ($5,000.00)  dollars  is  hereby 
annually  appropriated. 

§  5.  All  Acts  or  parts  of  Acts  inconsistent  with  this  Act  are 
hereby  repealed. 

Note.— Sections  1796,  1797,  1798,  1799,  1800,  1801,  1802  and  1803  of  the 
Code  of  1912  were  repealed  by  the  General  Assembly  in  1919.  The  new 
sections  above,  numbered  1796,  1797,  1798  and  1799,  constitute  the 
amended  library  Act  and  are  substituted  for  the  repealed  sections. 

§  1804.  Unlawful  to  Use  Condemned  Books. — In  all  schools 
and  colleges  within  this  State  which  are  supported  in  whole  or  in 
part  from  the  free  school  funds  it  shall  be  unlawful  to  use  any  text- 
book which  has  been  condemned  or  disapproved  by  the  State  Board 
of  Education. 

Civil  1902,  §  1240;  1898,  XXII,  763. 

§  1805.  Old  School  Claims  Paid. — All  persons  holding  school 
claims  against  any  county  of  this  State  which  are  unpaid  are  hereby 
permitted  and  allowed  to  prove  and  establish  the  same  before  the 
County  Superintendent  of  Education,  the  County  Treasurer  and 
County  Auditor  of  said  county. 

If  said  claims  are  declared  valid  and  binding  obligations  by  said 
County  Superintendent  of  Education,  Auditor  and  Treasurer  against 
the  school  district  for  which  they  are  issued,  the  County  Treasurer 
of  said  county  is  hereby  authorized  and  directed  to  pay  any  of  said 
claims  declared  valid  out  of  the  first  money  coming  in  his  hands  as 
Treasurer  belonging  to  the  school  district  against  which  said  claim 
or  claims  are  established. 

Civil  1902,  §  1241;  1894,  XXI,  786;  1896,  XXII,  122. 

§  1806.  Officers  Authorized  to  Borrow  Money  to  Pay 
School  Claims — Amount,  Interest  and  Disbursement. — The 

County  Treasurers  and  the  County  Supervisors  of  the  several  coun- 
ties of  this  State  be,  and  they  are  hereby,  authorized  and  required, 
upon  the  application  of  the  County  Boards  of  Education  of  the 
respective  counties,  to  borrow,  from  time  to  time  during  any  fiscal 
year,  such  sums  of  money  as  may  be  necessary  to  pay  the  school 
claims  of  such  counties,  not  to  exceed  seventy-five  per  cent,  of  the 
amount  reported  by  the  County  Auditors  for  schools  for  said  fiscal 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  61 

year,  at  a  rate  of  interest  not  exceeding  the  rate  of  seven  per  centum 
per  annum,  and  to  pledge  the  taxes  to  be  collected  for  that  purpose 
for  the  payment  of  the  money  so  borrowed  and  the  interest  thereon : 
Provided,  That  all  money  borrowed  shall  be  held  and  paid  out  by  the 
County  Treasurer  as  school  funds  and  without  extra  commission. 

1902,  XXIII,  1019. 

§  1807.   Reserve  Fund  to  Place  Schools  on  Cash  Basis. — 

In  any  county  in  this  State  where  the  schools  have  not  funds  suffi- 
cient to  pay  all  claims  in  cash,  the  County  Board  of  Education  may, 
at  its  discretion,  direct  the  County  Superintendent  of  Education  to 
set  aside  from  the  school  funds  of  the  county,  or  any  of  the  school 
districts,  an  amount  annually  of  not  exceeding  ten  per  cent,  of  such 
funds,  for  so  many  years  as  may  be  necessary  to  create  a  sufficient 
fund  to  put  the  schools  of  such  county  or  any  of  the  school  districts 
on  a  cash  basis. 

1902,  XXIII,  1019. 

§   1808.   Reserve  Fund  —  How  Used   and   Maintained. — 

Whenever  said  reserve  fund  reaches  an  amount  sufficient  to  put 
said  county  or  school  district,  as  the  case  may  be,  on  a  cash  basis, 
then  said  fund  may  be  used  for  said  purpose:  Provided,  That  in 
each  year  during  the  time  necessary  to  create  such  reserve  fund  the 
County  Superintendent  of  Education  shall  use  the  fund  accumulated 
as  a  loan,  without  interest,  to  pay  claims  held  by  teachers  to  whom 
the  pay  certificates  were  originally  issued,  the  funds  so  used  to  be 
replaced  .annually  from  taxes  collected  for  school  purposes. 

1902,  XXIII,  1020. 

§  1809.   Students  of  Public  Schools  to  Observe  Arbor  Day. 

— The  free  public  schools  of  this  State  shall  observe  the  third  Fri- 
day in  November  of  each  year  as  Arbor  Day,  and  on  that  day  the 
school  officers  and  teachers  shall  conduct  such  exercises  and  engage 
in  the  planting  of  such  shrubs,  plants  and  trees  as  will  impress  on 
the  minds  of  the  pupils  the  proper  value  and  appreciation  to  be 
placed  on  flowers,  ornamental  shrubbery  and  shade  trees. 

Civil  1902,  §  1242;  1898,  XXII,  760. 

§  1810.  South  Carolina  Day  to  Be  Observed. — The  public 
schools  of  this  State  shall  observe  Calhoun's  birthday,  the  18th  of 
March,  of  each  year,  as  "South  Carolina  Day,"  and  on  that  day  the 
school  officers  and  teachers  shall  conduct  such  exercises  as  will  con- 


62  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

duce  to  a  more  general  knowledge  and  appreciation  of  the  history, 
resources  and  possibilities  of  this  State :  Provided,  That  if  said  day 
.shall  fall  on  Saturday  or  Sunday,  that  the  Friday  nearest  to  March 
18th  shall  be  selected:  Provided,  further,  That  if  any  school  shall 
not  be  in  session  the  said  date,  that  the  celebration  may  be  held 
before  the  close  of  the  term. 

That  the  State  Superintendent  of  Education  shall  suggest  such 
topics  or  programs  as  he  may  deem  appropriate  for  the  celebration 
•of  South  Carolina  Day. 

1906,  XXV,  22. 

§  1811.  Officers  and  Trustees  of  Certain  Institutions  to 
Report  to  State  Superintendent. — The  Trustees,  officers  or  per- 
sons in  charge  of  all  literary,  scientific  or  professional  institutions 
-of  learning  incorporated,  supported  or  aided  by  the  State,  of  all 
•schools  or  private  educational  institutions,  shall,  on  or  Before  the 
fifteenth  day  of  July  in  each  year,  make  a  report  in  writing  to  the 
State  Superintendent  of  Education  of  such  statistics  as  the  Superin- 
tendent shall  prescribe  relating  to  the  number  of  pupils  and  instruc- 
tors, courses  of  study,  cost  of  tuition  and  the  general  condition  of 
the  institution  or  school  under  their  charge. 

Blank  Forms  of  Inquiry. — The  Superintendent  shall  prepare 
blank  forms  of  inquiry  for  such  statistics,  and  shall  send  the  same 
to  every  such  institution  or  school  on  or  before  the  tenth  day  of  May 
in  each  year;  and  so  much  of  said  information  as  he  may  deem 
proper  to  be  incorporated  in  his  annual  report. 

Civil  1902,  §  1243;  1896,  XXII,  172. 

§  181  la.   Uniform  System  of  Blanks  to  Be  Provided. — The 

Comptroller  General,  the  State  Superintendent  of  Education,  the 
State  Treasurer  and  the  State  Bank  Examiner  are  hereby  author- 
ized, empowered  and  directed  to  co-operate  in  the  preparation  of  a 
single  and  uniform  system  of  blanks  to  be  used  by  these  State  offi- 
cials in  collecting  data  from  the  various  County  Auditors,  County 
Superintendents  of  Education,  County  Treasurers  and  other  county 
officers  who  are  now  required  by  law  to  make  reports  to  the  State 
Governor.  The  various  State  officials  shall  issue,  as  far  as  prac- 
ticable, identical  forms  in  requesting  data  from  county  officers, 
thereby  removing  the  necessity  for  needless  and  laborious  tabula- 
tion and  compilation  of  the  same  facts  in  different  reports.  Each 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  63 

State  official  shall  distribute  the  blanks   for  his  office  among  the 
county  officers  as  now  required  by  law. 

Acts  1919. 

§  1811b.  County  Officers  to  Report. — It  shall  be  the  duty 
of  the  County  Auditors,  County  Treasurers  and  County  Superin- 
tendents of  Education  to  make  all  reports  now  required  by  law 
promptly  upon  the  uniform  blanks  authorized  in  Section  1,  and 
these  reports  shall  at  all  times  be  open  to  public  inspection  during 
their  respective  office  hours,  and  the  State  Bank  Examiner  shall 
investigate  the  failure,  refusal  or  omission  of  any  officer  to  make 
such  report  at  such  time  as  is  now  required  by  law.  The  findings  of 
the  State  Bank  Examiner,  after  such  investigation,  shall  be  filed 
with  the  Clerk  of  Court  for  record  and  shall  be  open  to  inspection 
by  any  citizen. 

§  3.   Any  and  all  Acts  or  parts  of  Acts  inconsistent  with  this  Act 
are  hereby  repealed.     This  Act  shall  take  effect  upon  its  approval 
by  the  Governor. 
Acts  1919. 

§  1812a.  District  May  Establish  High  School.  —  That  the 
Board  of  Trustees  of  any  school  district  acting  singly  or  in  co-oper- 
ation with  the  Boards  of  Trustees  of  adjoining  school  districts  may 
establish  and  maintain  a  high  school,  with  the  privileges  herein 
granted:  Provided,  That  such  high  school  meets  all  the  require- 
ments of  this  Act  and  the  regulations  of  the  State  Board  of  Edu- 
cation. 

§  1812b.  Trustees  May  Establish  High  School — Co-oper- 
ating Districts. — That  if  a  single  school  district  establish  a  high 
school,  the  Board  of  Trustees  of  such  district  shall  be  the  High 
School  Board  of  Trustees ;  and  if  any  two  or  more  districts  estab- 
lish a  high  school,  the  Board  of  Trustees  of  the  district  wherein  the 
high  school  is  located,  together  with  the  Chairman  of  each  of  the 
co-operating  districts,  shall  constitute  the  High  School  Board  of 
Trustees. 

§  1812c.  Board  of  Trustees  —  Who  Shall  Constitute. — 
That  if  three  or  more  adjoining  school  districts,  none  of  which  con- 
tains an  incorporated  town  of  five  hundred  inhabitants  according  to 
the  last  preceding  census,  shall  co-operate  to  establish  a  cenrtalized 
high  school,  the  Chairman  of  the  several  co-operating  districts  shall 
constitute  the  Board  of  Trustees  for  the  centralized  high  school. 


64  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

§  1812d.  High  Schools  in  Being  May  Claim  Benefits  of 
This  Act. — That  any  public  high  school  already  established  may 
claim  the  privileges  of  this  Act :  Provided,  That  it  conforms  to  the 
requirements  of  this  Act  and  the  regulations  of  .the  State  Board  of 
Education:  Provided,  further,  That  nothing  in  this  Act  shall  be 
construed  to  repeal  any  of  the  privileges  granted  special  legislative 
districts  in  the  special  Acts  of  the  General  Assembly. 

§  1812e.  Powers  of  State  Board  of  Education. — That  the 
State  Board  of  Education  shall  have  full  authority  to  prescribe  all 
such  regulations  as  may  not  be  inconsistent  with  this  Act  and  with 
the  General  School  Law,  to  provide  for  the  inspection  and  classifica- 
tion of  the  high  schools  under  this  Act,  to  make  regulations  for  the 
apportionment  and  disbursement  of  the  State  appropriation  under 
this  Act,  and  to  pay  out  of  the  State  appropriation  the  salary  and 
traveling  expenses  of  a  High  School  Inspector. 

§  1812f.  Conditions  of  Appropriation. — That  no  high  school 
shall  receive  an  appropriation  under  this  Act  unless  it  has  as  many 
as  two  teachers  in  the  high  school  department,  and  an  enrollment  of 
at  least  twenty-five  high  school  pupils:  Provided,  That  not  more 
than  six  hundred  and  seventy-five  dollars  annually  may  be  given  to 
a  high  school  with  two  teachers,  nor  more  than  eight  hundred  and 
twenty-five  dollars  to  a  high  school  with  three  teachers,  nor  more 
than  nine  hundred  and  seventy-five  dollars  to  a  high  school  with 
four  teachers  or  more:  Provided,  further,  That  an  additional 
stipend  of  five  dollars  per  month  may  be  paid  any  high  school 
teacher  returning  for  a  second  year's  service,  and  a  further  addi- 
tional stipend  of  five  dollars  per  month  for  a  third  year's  service: 
Provided,  further,  That  the  apportionment  to  a  centralized  high 
school,  organized  under  Section  3  above,  may  be  doubled  in  the 
discretion  of  the  State  Board  of  Education. 

§  1812g.  High  School  Must  Levy  Not  Less  Than  Four 
Mills — Other  Conditions. — That  any  high  school  receiving  aid 
under  this  Act  shall  first  levy  for  current  support  a  special  tax  of 
not  less  than  four  mills,  which  tax  may  be  in  addition  to  the  eight- 
mill  tax  allowed  under  Section  1742  of  the  Code;  and  shall  enroll 
free  any  eligible  high  school  pupil,  the  child  or  ward~  of  any  citizen 
of  the  State;  that  any  pupil  enrolled  from  outside  the  high  school 
district  shall  be  liable  to  no  fee  or  charge ;  that  if  the  enrollment  in 
any  high  school  exceeds  fifteen  pupils  per  teacher,  such  high  school 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  65 

district  may  be  paid  by  the  State  Board  of  Education  three  dollars 
per  month  to  cover  all  tuition  and  other  charges  for  any  pupils 
attending  such  high  school,  but  not  residing  within  the  high  school 
district:  Provided,  That  there  is  no  high  school  in  the  district 
wherein  such  pupil  resides. 

§  1812H.  Teacher  Training  Courses — Provisos. — That  the 
State  Board  of  Education  is  hereby  authorized  to  establish  and 
maintain  not  more  than  ten  teacher-training  courses  of  one  year  in 
length  in  as  many  approved  high  schools  for  the  purpose  of  giving 
training  to  elementary  teachers :  Provided,  That  not  more  than  one 
such  course  may  be  established  in  any  one  county,  and  not  more 
than  twelve  hundred  dollars  may  be  expended  in  any  one  school 
for  such  course:  Provided,  further,  That  no  such  training  course 
shall  be  maintained  with  an  enrollment  of  fewer  than  ten  persons, 
none  of  whom  shall  be  less  than  seventeen  years  of  age,  and  no 
tuition  fees  shall  be  charged  any  teacher  from  any  county. 

§  1812L  Appropriation. — That,  to  carry  out  the  purposes  of 
this  Act  during  the  scholastic  year  1918  and  1919,  and  for  each  suc- 
ceeding year,  the  sum  of  one  hundred  thirty  thousand  dollars  be, 
and  the  same  is  hereby,  appropriated ;  and  any  and  all  payments 
shall  be  made  upon  the  warrant  of  the  Comptroller  General,  and  all 
disbursements  shall  be  in  accordance  with  the  order  of  the  State 
Board  of  Education,  approved  and  countersigned  by  the  State  Super- 
intendent of  Education. 

That  any  and  all  Acts  or  .parts  of  Acts  inconsistent  with  this  Act 
shall  be,  and  the  same  are  hereby,  repealed. 

Acts  1919. 

§    1813a.   Appropriation  for   Teaching   Agriculture. — To 

promote  the  teaching  of  agriculture  in  the  public  schools,  there  is 
hereby  annually  appropriated  out  of  the  State  treasury  ten  thousand 
($10,000.00)  dollars  to  be  expended  as  hereinafter  provided  by  the 
State  Superintendent  of  Education  in  consolidated  schools  doing 
practical  classroom  and  field  work  in  agriculture. 

§  1813b.  Prerequisites  to  Securing  Teaching — Qualifica- 
tions of  Teacher — Duties — State  Aid. — Whenever  the  Board 
of  Trustees  of  three  or  more  school  districts  shall  raise  from  regu- 
lar funds,  local  taxes,  private  subscription  or  otherwise  and  shall 
deposit  with  the  County  Treasurer  not  less  than  seven  hundred  and 
fifty  ($750.00)  dollars,  to  be  expended  by  the  County  Board  of 


66  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

Education,  upon  their  warrant  duly  approved  by  the  County  Super- 
intendent, for  the  teaching  of  agriculture  in  their  respective  dis- 
tricts, such  group  of  districts  shall  be  entitled  to  seven  hundred 
and  fifty  ($750.00)  dollars,  and  not  more  than  twelve  hundred  and 
fifty  ($1,250.00)  dollars,  from  the  State  or  supplied  by  the  State, 
to  be  used  to  pay  the  salary  of  a  man  who  shall  be  a  graduate  in 
agriculture  of  a  State  agricultural  college,  or  a  college  graduate 
versed  in  agriculture,  who  shall  be  employed  for  a  term  of  at  least 
three  years,  who  shall  devote  full  time  to  classroom  instruction  in 
agriculture,  farm  school  garden  or  school  orchard  or  in  any  other 
line  of  agricultural  teaching  or  educational  activity  needed  in  the 
territory  composing  the  districts.  Such  trained  agricultural  teacher 
shall  be  employed  jointly  by  the  County  Superintendent  of  Educa- 
tion, the  State  Superintendent  of  Education  and  the  State  Super- 
visor of  Agricultural  Instruction,  and  may  serve  as  superintendent 
or  principal  of  the  group  of  co-operating  schools,  shall  reside  dur- 
ing the  twelve  months  of  the  year  in  the  territory  he  serves,  shall 
possess  all  of  the  scholarship  requirements  demanded  of  other  teach- 
ers, shall  hold  a  valid  certificate  duly  registered  in  the  County  Super- 
intendent's office,  and  shall  be  subject  to  the  supervision  of  the  State 
Supervisor  of  Agricultural  Instruction,  who  shall  be  a  specialist  in 
agricultural  education,  to  be  elected  by  the  State  Board  of  Educa- 
tion. He  may  do  teacher  training  work  in  Clemson  Agricultural 
and  Mechanical  College,  as  may  be  agreed  upon  by  the  State  Super- 
intendent of  Education  and  the  president  of  the  college.  The  teacher 
of  agriculture  in  schools  included  under  this  Act  shall  make  all 
reports  required  of  public  school  teachers,  and  in  addition  thereto 
shall  furnish  such  other  special  reports  as  may  be  required  in  his 
special  field  by  the  chief  of  the  extension  forces  of  Clemson  Col- 
lege, such  report  to  be  made  in  triplicate,  one  copy  to  be  filed  with 
the  County  Superintendent  of  Education,  one  copy  with  the  State 
Superintendent  of  Education  and  one  copy  with  the  State  Super- 
visor of  Agricultural  Instruction :  Provided,  That  if  any  one  school 
district  shall  raise  by  taxation,  private  subscription  or  otherwise  at 
least  seven  hundred  and  fifty  ($750.00)  dollars,  such  school  shall 
be  entitled  to  receive  two  hundred  and  fifty  ($250.00)  dollars  State 
aid:  Provided,  further,  That  if  any  two  school  districts  shall  so 
raise  seven  hundred  and  fifty  ($750.00)  dollars,  such  schools  shall 
receive  five  hundred  ($500.00)  dollars  State  aid  under  the  provi- 
sions of  this  Act. 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  67 

§  1813c.  Conditions  Required  of  Schools — School  Farm — 
Courses  of  Instruction. — Any  public  school  co-operating  in  this 
work  shall  have  an  enrollment  of  at  least  fifty  pupils,  with  a  regular 
attendance  of  at  least  thirty  pupils,  two  or  more  teachers  of  the 
usual  public  school  subjects,  a  term  of  six  months,  a  local  tax  of  not 
less  than  four  mills,  a  comfortable  and  sanitary  building  of  at  least 
two  rooms,  a  school  farm  of  not  less  than  two  acres,  in  addition  to 
school  site,  the  minimum  equipment  prescribed  by  the  State  Board 
of  Education,  and  shall  use  the  textbooks  and  course  of  study  regu- 
larly required  of  other  public  schools.  The  said  school  farm  of 
two  or  more  acres  shall  be  secured  by  the  Trustees  of  the  school 
district  in  which  the  school  is  located,  and  shall  be  cultivated  under 
the  supervision  of  the  agricultural  teacher,  who  may  require  this 
cultivation  to  be  done,  so  far  as  may  be  practicable,  by  the  pupils 
being  taught  agriculture  in  such  school ;  the  proceeds  from  sales  of 
crops  grown  on  said  farm  may  be  used  to  defray  the  expenses  of 
the  said  farm ;  the  surplus,  if  any,  may  revert  to  the  school  district 
or  be  disposed  of  as  may  be  directed  by  the  Trustees  of  the  said 
school  district.  The  special  lessons  or  course  in  agriculture  may  be 
adapted  to  the  community  needs  as  recognized  by  the  agricultural 
teacher,  and  such  teacher  shall  have  full  right  and  absolute  freedom 
in  the  introduction  and  presentation  of  any  additional  lessons,  bulle- 
tins, instruction  or  other  matter  that  may  be  furnished  by  the  United 
States  Department  of  Agriculture,  the  State  Department  of  Agri- 
culture, Clemson  College  or  any  other  agricultural  college  or  experi- 
ment station.  All  such  modifications  of  the  course  of  study  shall  be 
reported  in  writing  to  the  County  Superintendent  of  Education,  and 
shall  not  be  continued  in  any  school  over  the  disapproval  of  the  State 
Board  of  Education. 

§  1813d.  No  Tuition  to  Be  Charged — Schools  Not  Ineligi- 
ble for  Other  Aid. — Any  school  receiving  State  aid  for  agricul- 
tural teaching  shall  enroll  free  of  charge  any  pupil  desiring  to  pui 
sue  such  a  course  and  possessing  sufficient  knowledge  of  the  ele- 
mentary public  school  subjects  to  enable  him,  in  the  opinion  of 
the  agricultural  teacher,  to  do  this  work  with  advantage.  Schools 
receiving  aid  for  agricultural  work  shall  not  be  ineligible  to  share 
in  the  State  appropriation  for  term  extension,  rural  graded  schools 
or  high  schools. 

§  1813e.  Textbook  to  Be  Adopted. — The  State  Board  of 
Education,  upon  the  recommendation  of  the  State  Supervisor  of 


68  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

Agricultural  Instruction,  is  hereby  authorized  to  adopt  a  textbook 
on  agriculture  to  be  taught  in  all  other  schools  not  provided  for  in 
this  Act. 

§  1813f.  Inconsistent  Acts  Repealed. — All  Acts  or  parts  of 
Acts  inconsistent  with  this  Act  are  hereby  repealed. 

Acts  1917,  p.  369. 

§  1814a.  School  Attendance  Required. — Every  parent,  guard- 
ian, or  other  person  having  charge  of  any  child  between  eight  and 
fourteen  years  of  age,  must  send  such  child  to  a  public,  private  or 
parochial,  or  to  a  competent  tutor,  subject  to  the  approval  of  the 
County  Superintendent  of  Education,  school  for  four  consecutive 
months,  or  eighty  days  during  the  scholastic  year,  that  the  school 
attended  is  in  session :  Provided,  That  in  case  the  term  of  any  school 
is  less  than  four  months  or  eighty  days,  attendance  for  the  full  term 
of  such  school  shall  be  sufficient  to  meet  the  requirements  of  this 
Act,  as  hereinafter  provided. 

§  1814b.  Petition  of  Majority  of  Qualified  Electors  Nec- 
essary.— Upon  written  petition  a  majority  of  the  qualified  electors 
residing  in  any  school  district  requesting  the  attendance  of  pupils 
on  school  throughout  the  full  term,  the  County  Board  of  Education 
shall  order  such  attendance  hereunder.  This  Act  shall  not  shorten 
the  period  of  school  attendance  in  any  district  where  a  longer  school 
term  than  four  months  is  now  maintained  and  attendance  is  required 
under  the  local  option  law. 

§  1814c.  Special  Cases  Provided  For. — That  any  child  whose 
physical,  mental  or  moral  condition  unfits  it  for  attendance  at  school 
is  exempt  from  the  requirements  of  Section  1 ;  that  such  child  must 
be  designated  as  unfit  by  a  person  competent  to  judge  and  appointed 
to  do  so  by  the  Board  appointing  the  attendance  officer  for  that  ter- 
ritory. 

1814d.  Exemption  in  Certain  Cases. — That  any  child  living 
more  than  two  and  one-half  miles  from  any  public,  private  or  paro- 
chial school,  and  any  child  under  twelve  years  of  age  living  more 
than  two  miles  from  such  school,  may  claim  exemption  from  the 
requirements  of  Section  1:  Provided,  That  any  pupil  living  within 
one  mile  of  any  regular  route  of  a  school  wagon  may  not  claim 
exemption. 


GENERAL  SCHOOL  LAW  'OF  SOUTH  CAROLINA.  69 

§  1814e.   Private  or  Parochial  Schools  to  Be  Approved. — 

That  any  private  or  parochial  school  attended  by  any  child  between 
eight  and  fourteen  years  of  age  shall  be  first  approved  by  the  State 
Board  of  Education.  Such  school  must  give  its  instruction  in  the 
English  language,  and  it  must  teach  such  subjects  as  are  required 
in  a  similar  public  school  in  South  Carolina. 

§  1814f.  Attendance  Officers,  Duties,  and  How  Appointed. 
— The  County  Board  of  Education  shall  appoint  such  attendance 
officer  or  officers  as  the  needs  of  the  public  schools  of  the  county 
may  require :  Provided,  That  the  Board  of  Trustees  of  any  district 
containing  an  incorporated  town  or  city  of  two  thousand  inhabitants 
may  nominate  to  the  County  Board  of  Education  the  attendance 
officer  for  their  district  and  may  fix  his  compensation  from  the 
special  tax  funds  of  their  district.  The  duties  of  such  attendance 
officer  shall  be  to  take  annually  a  school  census  of  all  the  children 
in  each  district  between  the  ages  of  six  and  fourteen  years,  and  to 
file  with  the  County  Board  of  Education  a  report  giving  by  school 
districts  the  name  of  each  such  child,  the  race,  the  sex,  and  the 
names  and  local  addresses  of  each  child's  parents.  This  census 
shall  be  taken  during  the  months  of  July  and  August.  Any  child 
ineligible  to  attend  the  public  schools  shall  be  reported  by  the  attend- 
ance officer  to  the  County  Superintendent,  who  shall  transmit  such 
report  to  the  executive  head  of  the  proper  State  school  for  such  spe- 
cial child. 

§  1814g.  Women  Eligible  as  Attendance  Officers. — Women 
shall  be  eligible  for  employment  as  district  or  county  attendance  offi- 
cers. 

1814H.  Attendance  Officers  to  Investigate  Cases  of  Ab- 
sence.— That  it  shall  be  the  further  duty  of  each  attendance  officer 
to  receive  from  the  superintendent  or  principal  of  any  school  within 
the  district  or  territory  the  name  of  every  child  between  eight  and 
fourteen  years  of  age  absent  from  school,  and  to  ascertain  from  the 
parent  or  guardian  of  such  child  the  reason  for  such  absence.  If 
such  absence  is  due  to  any  other  than  providential  cause  or  causes  or 
to  such  cause  or  causes  as  would  seriously  endanger  the  health  of  the 
child,  such. parent  or  guardian  must  be  notified  to  appear  before  the 
nearest  Magistrate  at  a  special  time  to  show  why  he  or  she  should 
not  be  punished  for  his  or  her  neglect :  Provided,  That  the  attend- 
ance officer  may,  in  his  or  her  discretion,  excuse  any  absence.  A 
full  record  of  such  excused  absence,  together  with  the  reasons 


70  GDNDRAI,  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

therefor,  shall  be  filed .  monthly  with  the  County  Superintendent  of 
Education. 

§  18141.  Attendance  Officers  to  Require  Certain  Informa- 
tion and  to  Keep  Record  of  Cases. — That  all  attendance  officers 
shall  have  the  right  to  require  a  birth  certificate  or  an  affidavit  as  to 
the  age  of  any  child  in  his  or  her  district  or  territory.  They  shall 
have  the  further  right  to  visit  any  place  of  employment  to  ascertain 
if  any  child  between  eight  and  fourteen  years  of  age  is  employed. 
These  officers  shall  keep  a  record  of  all  notices  served  and  cases 
prosecuted,  and  shall  make  a  full  report  of  them  once  a  month  to 
the  County  Board  of  Education. 

§  1814J.  Penalty  for  Violation  of  Act. — That  any  parent, 
guardian  or  other  person  having  charge  of  any  child  subject  to  the 
provisions  of  this  Act  who  wilfully  neglects  or  refuses  to  comply 
with  these  provisions  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction  before  any  Magistrate,  be  fined  not  less  than  five 
($5.00)  dollars,  nor  more  than  ten  ($10.00)  dollars,  for  each  offense. 
That  such  fines  are  to  be  paid  into  the  school  fund  of  such  district 
in  which  said  offense  was  committed. 

§  1814k.  Teachers  to  Notify  Attendance  Officers  of 
Absence  of  Child. — That  it  shall  be  the  duty  of  each  teacher, 
principal  or  superintendent  of  any  school  to  notify  at  once  the 
attendance  officer  of  the  absence  of  any  child  between  eight  and 
fourteen  years  of  age  from  school,  and  any  teacher,  principal  or 
superintendent  wilfully  neglecting  or  refusing  to  report  any  absence 
to  the  attendance  officer  shall  have  deducted,  from  his  or  her  salary 
for  the  current  month  five  ($5.00)  dollars  for  each  offense,  the  same 
to  be  deducted  by  the  County  Superintendent  of  Education. 

§  18141.  Children  Above  Twelve  Years  of  Age  to  Be 
Excused  in  Certain  Cases. — In  the  case  of  a  widowed  mother  or 
of  a  crippled  father  any  child  above  twelve  years  of  age  whose  labor 
may  be  necessary  for  the  support,  in  whole  or  in  part,  of  any  person 
may  be  excused.  The  children  of  parents  unable  to  purchase  the 
necessary  books  for  attendance  upon  a  public  school  shall,  upon  the 
order  of  the  County  Board  of  Education,  be  furnished  these  books 
out  of  the  public  funds  of  their  district.  The  County  Boards  of 
Education  shall  be  the  competent  judges  of  such  cases. 

§  1814m.  Appropriation.  —  To  pay  the  salaries  of  all  the 
county  attendance  officers  herein  authorized,  the  sum  of  $60,000.00 


ScHOOiv  LAW  OF  SOUTH  CAROLINA.  71 

shall  be  appropriated  annually  by  the  General  Assembly,  no  such 
salary  to  exceed  $1,200.00  per  annum.  All  disbursements  shall  be 
made  upon  duly  itemized  vouchers  with  the  Comptroller  General. 
Said  fund  to  be  apportioned  by  the  State  Superintendent  of  Educa- 
tion. 

§  1814n.  No  Child  Under  Fourteen  Years  of  Age  to  Be 
Employed  in  Certain  Industrial  Establishments  During 
School  Hours. — No  child  under  fourteen  years  of  age  shall  be 
employed  in  any  factory,  workshop  or  mercantile  establishments  or 
in  any  place  or  manner  during  the  usual  school  hours  in  said  dis- 
trict, unless  the  person  employing  such  child  shall  first  procure  a 
certificate  from  the  superintendent  or  teacher  of  the  school  said 
child  last  attended  stating  that  the  child  attended  school  for  such 
current  year  for  the  period  required  by  law,  or  has  been  excused 
from  attendance  as  provided  by  the  third  section  hereof,  and  it  shall 
be  the  duty  of  said  superintendent  or  teacher  to  furnish  such  certifi- 
cate on  application  of  the  parent,  guardian  or  other  person  having 
control  of  such  child  entitled  to  same. 

§  15.  All  Acts  or  parts  of  Acts  inconsistent  with  this  Act  are 
hereby  repealed. 

Approved  the  first  day  of  March,  A.  D.  1919. 

§   1815a.   Supplementary  Reading  for  Public  Schools. — 

Whenever  the  Trustees  of  any  public  school  district  shall  set  aside 
from  the  funds  of  the  district  a  sum  of  not  less  than  five  ($5.00) 
dollars  nor  more  than  twenty-five  ($25.00)  dollars  for  the  purchase 
of  supplementary  reading  material  for  the  use  of  the  school,  or 
schools,  of  said  district,  the  County  Board  of  Education  is  author- 
ized io  appropriate  from  the  general  County  Board  fund  a  like 
sum  for  the  same  purpose.  The  County  Superintendent  shall  then 
inform  the  State  Superintendent  of  Education  of  his  action  and  the 
State  Superintendent  shall  be  authorized  to  remit  to  the  County 
Superintendent  for  the  same  purpose  a  like  sum  from  the  library 
appropriation  or  from  any  other  unappropriated  funds  under  his 
control.  The  County  Superintendent  shall  deposit  the  funds  thus 
appropriated  and  received  with  the  County  Treasurer  and  shall  issue 
a  warrant  in  payment  for  the  supplementary  reading  material  which 
may  be  purchased  under  this  Act:  Provided,  That  no  district  may 
participate  in  the  benefit  of  this  Act  more  than  once  during  any 
scholastic  year. 


72  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

§  1815b.  Purchase  of  Books. — The  purchase  of  supplemen- 
tary reading  material  shall  be  made  from  a  list  approved  and  fur- 
nished by  the  State  Board  of  Education.  The  Board  of  Trustees 
or  teachers  making  the  purchase  shall  send  a  list  of  the  books  bought 
to  the  County  Superintendent  and  the  State  Superintendent. 

§  1815c.  Books  Loaned  to  Pupils.  —  The  books  purchased 
under  this  Act  shall  be  kept  in  the  school  library  and  loaned  to  the 
pupils,  in  the  discretion  of  the  teacher,  under  such  rules  as  may  be 
adopted  by  the  State  Board  of  Education. 

Acts  1914. 

§  1816a.  Appropriation  for  Rural  School  Aid. — Not  less 
than  one  hundred  eighty-seven  thousand  five  hundred  ($187,500.00) 
dollars  shall  be  appropriated  annually  for  the  purpose  of  assisting 
rural  school  districts  in  the  establishment,  maintenance  and  improve- 
ment of  rural  graded  schools  under  the  conditions  and  provisions  of 
the  following  sections  of  this  Act. 

§  1816b.  Conditions  Precedent  to  Receiving  Aid  Hereun- 
der — Two  Hundred  Dollars. — When  any  rural  school  district 
shall  levy  and  collect  a  special  tax  of  not  less  than  four  (4)  mills, 
and  when  a  school  in  such  district  employs  two  certified  teachers 
for  a  school  term  of  not  less  than  six  months,  or  twenty-four  weeks, 
and  when  such  school  has  a  legal  enrollment  of  not  fewer  than  forty 
(40)  pupils  by  December  15th,  and  an  average  daily  attendance  for 
the  session  of  not  fewer  than  thirty  pupils,  and  when  such  school  is 
taught  in  a  comfortable  and  sanitary  building,  provided  with  the 
minimum  equipment  prescribed  by  the  State  Board  of  Education, 
and  when  it  uses  a  course  of  study  and  classification  approved  by 
the  State  Board  of  Education,  it  shall  be  entitled  to  receive  State 
aid  under  this  Act  to  the  amount  of  $200.00  per  year:  Provided, 
Said  school  or  schools  comply  with  the  other  requirements  of  the 
Rural  Graded  School  Law. 

(Amended  in  1919,  reducing  requirement  from  fifty  to  forty 
pupils,  and  with  above  proviso.) 

§  1816c.  Same — Three  Hundred  Dollar  Class. — When  any 
rural  school  district  shall  levy  and  collect  a  special  tax  of  not  less 
than  four  (4)  mills,  and  when  such  school  employs  three  or  more 
certified  teachers  for  a  school  term  of  not  less  than  seven  months, 
or  twenty-eight  weeks,  and  when  such  school  has  a  legal  enrollment 
of  not  fewer  than  seventy-five  pupils  by  December  15th,  and  an 


GENERAL,  SCHOOL  LAW  OF  SOUTH  CAROLINA.  73 

average  daily  attendance  for  the  session  of  not  fewer  than  forty 
pupils,  and  when  such  school  is  taught  in  a  comfortable  and  sanitary 
building,  provided  with  the  minimum  equipment  prescribed  by  the 
State  Board  of  Education,  and  when  it  uses  a  course  of  study  and 
classification  approved  by  the  State  Board  of  Education,  it  shall  be 
entitled  to  receive  State  aid  under  this  Act  to  the  amount  of  $300.00 
per  year. 

§  1816d.  Same — Four  Hundred  Dollar  Class. — When  any 
rural  school  district  shall  levy  and  collect  a  special  school  tax  of  not 
less  than  four  (4)  mills,  and  when  s.uch  school  employs  four  certi- 
fied teachers  for  a  school  term  of  not  less  than  seven  months,  or 
twenty-eight  weeks,  and  when  such  school  has  a  legal  enrollment  of 
not  fewer  than  one  hundred  pupils  by  December  15th,  and  an  aver- 
age daily  attendance  for  the  session  of  not  fewer  than  sixty  pupils, 
and  when  such  school  is  taught  in  a  comfortable  building  containing 
not  fewer  than  four  classrooms,  provided  with  the  minimum  equip- 
ment prescribed  by  the  State  Board  of  Education,  and  when  it  uses 
a  course  of  study  and  classification  approved  by  the  State  Board  of 
Education,  it  shall  be  entitled  to  receive  State  aid  under  this  Act  to 
the  amount  of  $400.00  per  year. 

§  1816e.  Same — Five  Hundred  Dollar  Class. — When  any 
rural  school  district  shall  levy  and  collect  a  special  tax  of  not  less 
than  four  (4)  mills,  and  when  such  school  employs  five  certified 
teachers  for  a  school  term  of  not  less  than  seven  months,  or  twenty- 
eight  weeks,  and  when  such  school  has  a  legal  enrollment  of  not 
fewer  than  one  hundred  and  twenty-five  pupils  by  December  15th, 
and  an  average  daily  attendance  for  the  session  of  not  fewer  than 
seventy-five  pupils,  and  when  such  school  is  taught  in  a  comfortable 
and  sanitary  building,  containing  not  fewer  than  five  classrooms, 
provided  with  the  minimum  equipment  prescribed  by  the  State  Board 
of  Education,  and  when  it  uses  a  course  of  study  and  classification 
approved  by  the  State  Board  of  Education,  it  shall  be  entitled  to 
receive  State  aid  under  this  Act  to  the  amount  of  $500.00  per  year. 

§  1816f.  Teacher  in  Rural  Graded  School  Not  to  Instruct 
More  Than  Fifty  Pupils — Certain  Schools  Not  to  Receive 
Aid. — No  teacher  in  a  rural  graded  school  shall  enroll  or  instruct 
more  than  fifty  pupils ;  and  no  district  receiving  term  extension  aid 
or  high  school  aid  shall  be  entitled  to  receive  rural  graded  school  aid. 


74  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

§  1816g.  Application — Program  of  Work  to  Accompany 
— Time  of  Filing — To  Be  Approved  by  County  Superintend- 
ent.— The  State  Superintendent  of  Education  shall  prescribe  and 
furnish  to  the  County  Superintendents  all  necessary  forms  and 
blanks  for  making  application  for  State  aid,  and  every  such  applica- 
tion, accompanied  by  a  full,  clear  and  legible  program  of  each 
teacher's  daily  classroom  work,  shall  be  filed  with  the  State  Super- 
intendent of  Education  not  later  than  December  31st.  Each  appli- 
cation and  each  accompanying  program  shall  be  examined  and 
approved  in  writing  by  the  County  Superintendent  before  State  aid 
is  granted. 

§  1816H.  Annual  Report  to  Be  Filed  Before  Application 
Can  Be  Approved. — The  annual  report  of  any  rural  graded  school 
receiving  State  aid  shall  be  filed  with  the  State  Superintendent  of 
Education  and  a  duplicate  copy  thereof  with  the  County  Superin- 
tendent in  accordance  with  Act  No.  128,  page  1919,  Statutes  of  1913, 
before  the  application  of  such  school  for  further  aid  is  approved 
or  paid. 

§  1816i.  When  Aid  May  Be  Refused. — The  State  Superin- 
tendent of  Education  may  refuse  aid  under  the  provisions  of  this 
Act  if  it  is  made  to  appear  to  him  that  the  expenditure  would  be 
unwise  and  detrimental  to  the  interest  of  free  school  education  in 
said  district. 

§  1816J.  Rules  and  Regulations. — The  State  Superintendent 
of  Education,  with  the  State  Board  of  Education,  shall  provide  rules 
and  regulations  for  the  distribution  of  this  fund,  and  shall  publish 
such  regulations  to  the  various  County  Superintendents  of  Educa- 
tion, who,  in  turn,  shall  publish  them  to  the  various  Trustees. 

§  1816k.  Transportation  of  Children  Permissible.  —  It 
shall  be  lawful  for  the  School  Trustees  of  a  district  to  use  the  State 
aid  obtained  under  the  provisions  of  this  Act  to  furnish  public  con- 
veyance of  children  to  the  school  when,  in  the  opinion  of  the  Trus- 
tees and  the  County  Superintendent,  such  action  is  wise  and  expe- 
dient. 

§  18161.  Disbursement  by  Voucher.  —  All  disbursements 
under  this  Act  shall  be  made  on  duly  itemized  vouchers,  approved 
by  the  Comptroller  General. 

§  1816m.  Effective  July  1st. — This  Act  shall  take  effect  July 
1st,  following  the  approval  of  the  Governor. 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  75 

§  1816n. — All  Acts  or  parts  of  Acts  inconsistent  with  the  terms 
of  this  Act  be,  and  are  hereby,  repealed. 

Acts  1917,  p.  100. 

§  1817.   Minimum  Term  Guaranteed  to  Needy  Schools. — 

A  minimum  school  term  of  not  less  than  seven  months  is  hereby 
guaranteed  in  any  public  school  district  voting  an  eight-mill  tax  for 
current  expenses,  employing  one  certificated  teacher  to  instruct  not 
fewer  than  twenty-five  nor  more  than  fifty  pupils,  maintaining  under 
each  teacher  in  each  classroom  an  average  monthly  attendance  of  at 
least  fifteen  pupils,  and  paying  to  each  teacher  the  minimum  sal- 
ary hereinafter  provided.  Any  school  district  voting  for  current 
expenses  a  local  tax  of  less  than  eight  mills  or  enrolling  under  any 
one  teacher  fewer  than  twenty-five  or  more  than  fifty  pupils,  or 
maintaining  in  any  classroom  an  average  monthly  attendance  of 
fewer  than  fifteen  pupils,  or  paying  teachers,  from  regular  or  spe- 
cial funds,  salaries  in  excess  of  those  hereinafter  stipulated,  shall  not 
be  entitled  to  share  in  the  benefits  of  this  Act.  Neither  district 
taxes  on  account  of  school  bonds  nor  taxes  in  excels  of  eight  mills 
for  current  expenses  shall  affect  the  status  of  any  school  district 
applying  for  aid  hereunder,  to  run  a  term  of  seven  months. 

§   1818.   Schedule  of  Teachers'  Salaries  to  Be  Paid. — In 

any  school  district  applying  for  aid  under  this  Act  the  schedule  of 
teachers'  salaries  to  be  paid  from  regular  or  'special  funds  shall  be 
as  follows: 

The  principal  of  a  one-teacher  or  of  a  two-teacher  school  shall 
be  paid  during  the  first  year  not  more  than  $75.00  per  month;  the 
principal  of  a  three-teacher  school  shall  be  paid  not  more  than  $90.00 
per  month ;  the  principal  of  a  four- teacher  school  shall  be  paid  not 
more  than  $105.00  per  month,  and  the  principal  of  a  school  employ- 
ing five  or  more  teachers  shall  be  paid  not  more  than  $120.00  per 
month.  An  assistant  teacher  holding  a  first-grade  certificate  shall 
be  paid  not  more  than  $60.00  per  month ;  an  assistant  teacher  hold- 
ing a  second-grade  certificate  shall  be  paid  not  more  than  $50.00 
per  month,  and  an  assistant  teacher  holding  a  third-grade  certificate 
shall  be  paid  not  more  than  $40.00  per  month.  Any  principal  or  any 
assistant  returning  to  his  or  her  classroom  may  -be  paid  during  the 
second  year  an  additional  stipend  of  $5.00  per  month  and  during 
the  third  year  a  further  stipend  of  $5.00  per  month.  In  any  dis- 
trict the  Board  of  Trustees  may  pay  lower  salaries  in  their  discre- 


76  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

tion;  but  such  lower  salaries  shall  always  constitute  the  basis  for 
calculating  any  deficiency  to  be  made  up  from  the  funds  provided 
under  this  Act.  If  the  salaries  paid  teachers  in  any  district  exceed 
the  salaries  herein  authorized,  the  total  amount  of  the  excess  must 
be  applied  by  the  Board  of  School  District  Trustees,  either  by  pri- 
vate subscription  or  by  a  higher  rate  of  local  taxation.  Any  district 
running  its  school  longer  than  seven  months  must  also  pay  the  cost 
of  the  eighth  month,  or  of  the  ninth  month,  by  private  subscription, 
or  by  a  higher  rate  of  local  taxation. 

§  1819.  Appropriation. — The  sum  of  $125,000.00  is  hereby 
appropriated  annually  to  carry  out  the  purposes  of  this  Act.  The 
State  Superintendent  of  Education  shall  prescribe  all  necessary 
forms  and  blanks  to  be  used  by  school  districts  applying  for  aid 
hereunder.  The  decision  of  the  State  Superintendent  regarding 
any  application  shall  be  subject  to  review  on  appeal  by  the  State 
Board  of  Education.  All  moneys  shall  be  paid  out  on  duly  item- 
ized vouchers  filed  with  the  Comptroller  General,  and  a  detailed 
report  of  all  expenditures  shall  be  included  by  the  State  Superin- 
tendent in  his  annual  report  to  the  General  Assembly. 

§  4.  All  Acts  or  parts  of  Acts  inconsistent  with  this  Act  are 
hereby  repealed. 

Acts  1919. 

§  1820.  Fourth  Friday  in  October  to  Be  Observed  in  Pub- 
lic Schools  as  Frances  Willard  Day. — The  fourth  Friday  in 
October  in  each  year  shall  be  set  apart  and  designated  in  the  public 
schools  as  Frances  Willard  Day,  and  in  each  public  school  in  this 
State  it  shall  be  the  duty  of  such  school  to  prepare  and  render  a 
suitable  program  on  said  day  to  the  end  that  the  children  of  the 
State  may  be  taught  the  evils  of  intemperance. 

Acts  1918,  p.  791. 

§  1821.   Vocational  Education  to  Be  Taught  in  Schools. — 

There  shall  be  appropriated  annually,  out  of  the  State  treasury,  for 
the  promotion  of  vocational  education  in  agricultural  subjects,  indus- 
trial subjects  and  home  economic  subjects,  a  sum  not  less  than  the 
amount  which  may.be  apportioned  to  the  State  of  South  Carolina 
from  the  funds  appropriated  by  the  Congress  of  the  United  States 
in  an  Act  entitled  "An  Act  to  provide  for  the  promotion  of  voca- 
tional education ;  to  provide  for  co-operation  with  the  States  in  the 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  77 

promotion  of  such  education  in  agriculture  and  the  trades  and  indus- 
tries ;  to  provide  for  co-operation  with  the  States  in  the  preparation 
of  teachers  of  vocational  subjects,  and  to  appropriate  money  and 
regulate  its  expenditure,"  approved  February  twenty-third,  nineteen 
hundred  seventeen. 

§  1822.  Money — How  Paid  Out. — The  moneys  appropriated 
under  the  terms  of  this  Act  shall  be  paid  out  upon  the  order  of  the 
State  Board  of  Education,  duly  countersigned  and  approved  by  the 
Secretary  of  the  State  Board  of  Education,  and  itemized  vouchers 
shall  be  filed  with  the  Comptroller  General  as  in  the  case  of  other 
funds. 

§  1823.  Funds  to  Be  Used  for  the  Payment  of  Teachers, 
Supervisors  or  Directors,  and  for  the  Purchase  of  Supplies, 
Etc. — The  State  Board  of  Education  may  use  the  funds  appropri- 
ated by  this  Act  for  the  payment  of  salaries  of  teachers,  supervisors 
or  directors  of  vocational  subjects,  or  for  the  purchase  of  supplies 
and  equipment  to  be  used  by  vocational  classes  or  for  the  main- 
tenance of  classes  training  teachers  of  vocational  subjects  or  for  the 
administration  of  vocational  education,  including  necessary  super- 
vision and  clerical  help. 

§  1824.  State  Board  of  Education  to  Adopt  Rules  and 
Regulations. — The  State  Board  of  Education  shall  adopt  rules 
and  regulations  governing  the  expenditures  of  moneys  appropriated 
by  this  Act  and  shall  make  the  same  known  to  the  various  school 
districts  of  the  State  in  order  that  they  may  know  the  conditions 
under  which  they  are  entitled  to  share  in  the  funds  available  for 
vocational  education. 

§  1825.  Appropriation  for  1919  and  1920. — For  the  pur- 
pose of  carrying  out  the  provisions  of  this  Act,  there  is  hereby 
appropriated  the  sum  of  $25,000.00  for  the  use  of  the  State  Board 
of  Education  until  June  30,  1919,  the  said  June  30th  being  the 
close  of  the  United  States  fiscal  year ;  and  for  the  use  of  the  State 
Board  of  Education  for  the  United  States  fiscal  year  beginning 
July  1,  1919,  and  closing  June  30,  1920,  the  sum  of  $50,000.00. 

Approved  the  twenty-first  day  of  February,  A.  D.  1919. 

§  1826.  Bureau  for  the  Registration  and  Employment  of 
Teachers  Established.  —  A  Bureau  for  the  Registration  and 
Employment  of  Teachers  is  hereby  created. 


78  GSNSRAI,  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

§  1827.  Enrollment  in  Bureau — Fee. — Any  person  legally 
qualified  to  teach  in  the  free  schools  of  this  State  and  eligible  to 
be  employed  by  any  Board  of  School  Trustees  shall,  upon  written 
application  in  proper  form  and  the  payment  of  one  ($1.00)  dollar, 
be  entitled  to  enrollment  in  this  bureau.  The  said  one  ($1.00)  dol- 
lar to  be  applied  to  the  support  of  the  bureau.  Any  Board  of  School 
Trustees,  any  superintendent  or  principal  of  a  system  of  schools  or 
any  County  Superintendent  of  Schools  shall  have  access,  free  of 
charge,  to  all  papers  and  records  in  said  bureau,  except  such  as  may 
TDC  of  a  personal  or  confidential  nature. 

§  1828.  Registrar — How  Chosen — Duties. — The  executive 
officer  of  the  bureau  shall  be  a  Registrar,  elected  by  the  State  Board 
of  Education,  whose  term  of  office  shall  be  for  four  years,  unless 
sooner  removed  by  the  Board  for  cause.  He  shall  maintain  an 
office  and  shall  seek  to  assist  teachers  in  getting  schools,  schools  in 
getting  teachers.  He  shall  make  an  annual  report,  which  shall  be 
printed  in  the  report  of  the  State  Superintendent  of  Education. 
The  Registrar's  salary  shall  be  eighteen  hundred  ($1,800.00)  dol- 
lars per  annum,  payable  monthly  upon  warrant  of  the  Comptroller 
General.  He  may  employ  a  stenographer,  ^at  a  salary  of  nine  hun- 
dred ($900.00)  dollars,  payable  monthly.  A  contingent  fund  of 
one  thousand  ($1,000.00)  dollars,  to  meet  the  contingent  expenses 
of  the  office,  if  so  much  be  necessary,  is  hereby  provided. 

§  1829.  Fee  Only  Charge  for  Services. — No  fee  other  than 
the  one  ($1.00)  dollar  registration  fee  shall  be  charged  any  teacher 
for  the  services  of  the  bureau,  and  the  bureau  shall  serve  the  pub- 
lic schools  free  of  charge. 

That  an  Act  entitled  "An  Act  to  establish  a  Bureau  for  the  Reg- 
istration and  Employment  of  Teachers  and  to  make  a  provision 
therefor,"  approved  the  ninth  day  of  March,  1918,  be,  and  the  same 
is  hereby,  repealed. 

Acts  1919. 

§    1830.   Schools   in  Textile   Communities — Grades    In. — 

All  schools  organized  and  being  conducted  in  industrial  communities 
that  receive  State  or  county  aid  from  appropriations  from  the  con- 
stitutional three-mill  tax  shall  put  on  at  least  eight  grades  for  their 
pupils :  Provided,  That  the  County  Board  of  -Education  of  each 
county  shall  determine  the  necessity  for  such  grades  in  excess  of  six 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  79 

now  being  used,  and  shall  establish  such  additional  grades  when  in 
their  judgment  the  necessity  of  the  situation  so  requires. 

Approved  December  28,  1918. 

(Note. — The  following  Act  affects  several  sections  of  the  school  law. 
As  its  effect  is  merely  temporary,  it  is  given  a  place  to  itself  and  not 
included  in  the  list  of  permanent  laws.) 

AN  ACT  to  Relieve  the  School  Districts  of  the  State  of  All 
Disabilities  and  Disqualifications  of  State  Aid  Result- 
ing from  the  Influenza  Epidemic  and  the  Consequent 
Health  Quarantine. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  State 
of  South  Carolina,  Let  every  school  or  school  district  entitled,  under 
normal  conditions,  to  State  aid  and  disqualified  for  such  aid  during 
the  scholastic  year  1918-19  by  the  widespread  epidemic  of  influenza 
and  the  resulting  quarantine  of  the  State  Board  of  Health  shall, 
after  a  full  presentation  of  all  the  facts  in  writing  to  the  State  Super- 
intendent of  Education,  be  paid  the  regular  allotment  of  aid  hereto- 
fore allowed  under  the  Term  Extension  Law,  Act  431,  page  791, 
Statutes  1910  (Sections  1783-1789,  Civil  Code  1912)  ;  under  the 
Law  for  Consolidated  Schools  and  Graded  Schools  in  country  dis- 
tricts, commonly  known  as  the  Rural  Graded  School  Law  (Act  45, 
page  100,  Statutes  1917)  ;  under  the  High  School  Law  (Act  501, 
page  875,  Statutes  1916),  and  under  the  Equalization  Law  for  Needy 
Schools  (Act  43,  page  97,  Statutes  1917).  All  requirements  of  the 
Term  Extension  Law,  the  Rural  Graded  School  Laws,  the  High 
School  Law,  or  the  Equalization  Law,  governing  enrollment,  attend- 
ance and  term,  may  be  waived  by  the  State  Superintendent  in  his 
discretion  wherever  the  County  Superintendent,  the  district  Trus- 
tees, and  the  teachers  furnish  written  evidence  showing  that  influ- 
enza prevented  the  local  school  from  meeting  existing  requirements. 

§  2.  It  shall  be  the  duty  of  the  State  Superintendent  of  Educa- 
tion and  of  every  other  school  officer  to  keep  the  schools  running 
where  possible  and  to  hold  in  school  the  maximum  number  of  pupils, 
having  always  due  regard  to  public  health. 

All  moneys  shall  be  paid  out  on  duly  itemized  vouchers  approved 
by  the  Comptroller  General  and  the  State  Superintendent  shall  make 
to  the  General  Assembly  a  full  and  detailed  statement  of  all  disburse- 
ments. 

§  3.  This  Act  shall  take  effect  immediately  upon  its  approval  by 
the  Governor,  and  shall  be  null  and  void  on  and  after  July  1,  1919. 

Approved  the  fourteenth  day  of  February,  A.  D.  1919. 


80  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

Health 


§  1598.  Inspection  of  Schools,  Etc. — Water  Supply,  Etc. 
—Schools  Closed  During  Epidemic. — It  shall  be  the  "duty  of 
the  Board  of  Health  as  a  body,  or  by  committee,  with  the  health 
officer,  to  make  quarterly  visits  and  inspections  to  all  schools,  sem- 
inaries or  colleges  (while  in  session)  which  are  supported  in  part 
or  entirely  by  public  taxation,  and  examine  and  report  on  the  sani- 
tary condition  of  the  same,  the  abatement  and  removal  of  garbage, 
refuse  matter  and  nuisances  which  may  prove  prejudicial  to  the 
health  of  the  pupils.  They  shall  inquire  into  the  purity  of  the  water 
supply,  the  condition  and  efficient  working  of  the  drains,  waste  pipes, 
soil  pipes  and  cesspools,  the  ventilation,  lighting  of  the  dormitories, 
lecture  and  study  rooms  of  the  buildings  and  the  appliances  in  use 
for  fire  escapes.  In  case  of  the  epidemic  prevalence  of  contagions 
or  infections,  and  in  order  to  prevent  the  spread  of  the  same,  the 
Board  of  Health,  by  and  with  the  consent  of  the  City  or  Town 
Council,  may  order  the  schools,  seminaries  or  colleges,  in  such  town 
or  city,  partially  or  entirely  supported  by  public  taxation,  closed 
until  such  times  as  they  may  deem  it  safe  to  reopen  them.  The 
Board  of  Health  shall  have  the  right  to  declare  any  epidemic  or 
cause  of  ill  health  so  injurious  as  to  make  it  necessary  to  close  any 
or  all  of  the  private  schools  in  the  limits  of  such  city  or  town. 
Whatever  sanitary  conditions  or  evils  shall  be  found  by  the  Board 
of  Health  to  exist  in  or  around  the  public  colleges,  schools,  etc.,  shall 
be  reported  by  the  Secretary  of  the  Board  of  Health  to  the  Trustees 
of  the  same,  who  shall  take  immediate  steps  to  remedy  the  sanitary 
defects  according  to  the  rules  and  regulations  prescribed  by  the 
Board  of  Health. 

Civil  1902,  §  1104;  R.  S.  964;  1883,  XVIII,  793;  1894,  XXI,  818. 

§  1607.  Powers  of  School  Authorities  to  Prevent  Spread 
of  Contagious  or  Infectious  Diseases. — Any  Board  of  Educa- 
tion, School  Trustees,  or  any  other  body  having  control  of  any  of 
the  schools,  may,  on  account  of  the  prevalence  of  any  contagious  or 
infectious  diseases,  or  to  prevent  the  spread  of  any  such  disease, 
prohibit  the  attendance  of  any  teacher  or  scholar  upon  any  school 
under  their  control,  and  may  specify  the  time  such  teacher  or  scholar 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  81 

shall  remain  absent,  or  they  shall  require  a  satisfactory  certificate 
from  one  or  more  reputable  practicing  physicians  that  such  attend- 
ance is  no  longer  attended  with  risk  to  others  attending  school,  and 
may  also  prohibit  the  entrance  into  or  attendance  at  any  school  of 
all  unvaccinated  persons  who  have  not  had  the  smallpox.  The  said 
Board  of  Control  or  Trustees  may  also  require  vaccination  of  any 
or  all  teachers,  scholars  and  attendants  if  a  case  of  smallpox  have 
occurred  in  the  city  or  town. 

Civil  1902,  §  1110;  R.  S.  965;  1883,  XVIII,  292,  §  6. 


82  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 


Special  Provisions  as  to  Schools  in  Criminal  Code 


§  575.  A  Misdemeanor  for  Certain  Officers  to  Discount 
Teachers'  Pay  Certificates. — It  shall  be  unlawful  for  any  County 
Treasurer,  County  Auditor,  member  of  County  Board  of  Education, 
or  School  Trustee,  to  buy,  discount  or  share,  directly  or  indirectly, 
or  be  in  any  way  interested,  in  any  teacher's  pay  certificate,  or  other 
order  on  school  fund,  except  such  as  are  payable  to  him  for  his  own 
services,  or  for  any  School  Trustee  to  make  any  contract,  or  be 
pecuniarily  interested,  directly  or  indirectly,  in  any  contract  with 
any  school  district  of  which  he  is  Trustee.  If  any  of  the  officers 
aforesaid  shall  violate  the  provisions  of  this  section,  he  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  on  conviction  thereof,  shall 
pay  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  five 
hundred  dollars,  to  be  used  for  school  purposes  in  his  county,  and 
shall  be  imprisoned  not  less  than  three  months  nor  more  than  twelve 
months,  or  either  or  both,  and  shall  forfeit  the  amount  of  such  claim 
or  of  his  interest  in  such  claim. 

Criminal  Code  1902,  §  418;  R.  S.  333;  G.  S.  2561 ;  1900,  XXIII, 
366;  1896,  XXII,  150. 

§  576.  School  Officers  Prohibited  from  Being  Agent  for 
School  Books. — It  shall  be  unlawful  for  any  teacher  of  a  school 
supported  in  whole  or  in  part  from  the  public  school  funds  of  this 
State,  or  any  Trustee  of  any  such  school,  or  any  other  school  officer, 
to  become  an  active  or  silent  agent  of  any  school  book  publisher,  or 
be  in  any  wise  pecuniarily  interested  in  the  introduction  of  any 
school  book  or  books  into  any  school  in  this  State.  Any  person  vio- 
lating any  of  the  provisions  hereof  shall,  upon  conviction  thereof, 
be  deemed  guilty  of  a  misdemeanor,  and  be  subject  to  a  fine  of  not 
less  than  one  hundred  dollars  or  imprisonment  in  the  county  jail  for 
a  period  of  not  less  than  thirty  days,  or  both,  at  the  discretion  of  the 
Circuit  Judge. 

Criminal  Code  1902,  §  419;  1896,  XXII,  170. 

§  577.  County  Superintendents  of  Education  to  Apportion 
School  Funds  Monthly  Among  School  Districts. — Within  ten 
days  after  the  County  Treasurer  makes  his  monthly  report  to  the 


GENERAL  SCHOOL,  LAW  OF  SOUTH  CAROLINA.  83 

County  Superintendent  of  Education,  showing  the  amount  of  money 
collected  by  him  since  his  last  monthly  report,  it  shall  be  the  duty 
of  the  County  Superintendent  of  Education  to  apportion  the  money 
arising  from  a  tax  on  property  as  shown  by  the  Treasurer's  report 
among  the  school  districts  of  his  county  and  to  certify  such  appor- 
tionment to  the  County  Treasurer,  together  with  the  poll  tax  belong- 
ing to  each  district  as  shown  by  said  report ;  and  it  shall  be  the  duty 
of  the  County  Treasurer  to  enter  upon  his  book  to  the  credit  of 
each  school  district  the  amount  due  each  district  according  to  such 
certificate  of  apportionment,  and  the  County  Treasurer  shall  pay 
out  the  money  belonging  to  the  respective  districts,  upon  the  school 
warrants  of  such  districts,  duly  signed  and  countersigned  by  the 
school  authorities,  for  that  scholastic  year  in  the  order  of  their  pre- 
sentation, provided  that  there  be  no  outstanding  claims  of  the  pre- 
vious scholastic  year ;  and  the  Comptroller  General  shall  receive  the 
warrants  thus  paid  as  proper  vouchers  in  the  hands  of  the  County 
Treasurer. 

The  failure  or  refusal  of  a  County  Superintendent  of  Education 
or  a  County  Treasurer  to  comply  with  the  foregoing  provisions,  or 
any  of  them,  shall  constitute  a  misdemeanor,  and,  upon  conviction 
thereof,  he  shall  be  subject  to  a  fine  of  not  more  than  one  hundred 
dollars,  or  imprisonment  in  the  county  jail  for  not  more  than  thirty 
days. 

Criminal  Code  1902,  §  420;  1898,  XXII,  761. 

§  578.  Treasurer  Not  to  Demand  Commission  on  School 
Funds. — Any  County  Treasurer  who  shall  demand  or  receive  any 
commissions  for  paying  out  the  school  funds  paid  out  by  him  from 
the  person  charged  with  receiving  them,  or  shall  charge  any  person 
commission  on  the  same,  shall  be  deemed  guilty  of  a  misdemeanor, 
and,  on  conviction,  shall  be  fined  not  less  than  fifty  dollars  for  each 
offense,  or  be  imprisoned  for  a  period  not  less  than  three  months. 

Criminal  Code  1902,  §  421 ;  G.  S.  2563;  R.  S.  334;  1876,  XVI,  165. 

§  580.   Treasurer  to  Keep  Amount  of  Poll  Tax — Penalty. 

— The  several  County  Treasurers  shall  retain  all  the  poll  tax  col- 
lected in  their  respective  counties ;  and  it  is  hereby  made  the  duty 
of  the  said  County  Treasurer,  in  collecting  the  poll  tax,  to  keep  an 
account  of  the  exact  amount  of  said  tax  collected  in  each  school 
district  in  his  county;  and  the  city  of  Charleston,  for  the  purpose 
of  this  section,  shall  be  deemed  a  school  district,  and  the  County 


84  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

Treasurer  shall  pay  over  to  the  City  Board  of  School  Commission- 
ers the  amount  of  poll  tax  collected  in  said  city;  and  the  poll  tax 
collected  therein  shall  be  expended  for  school  purposes  in  the  school 
district  from  which  it  was  collected;  and  any  violation  of  this  sec- 
tion by  the  County  Treasurer  shall  constitute,  and  is  hereby  declared, 
a  misdemeanor,  and  on  conviction  thereof  the  said  County  Treas- 
urer shall  pay  a  fine  of  not  less  than  five  hundred  dollars  nor  more 
than  five  thousand  dollars,  to  be  used  for  school  purposes  in  the 
county  suffering  from  such  violation,  or  imprisonment,  in  the  dis- 
cretion of  the  Court. 

Criminal  Code  1902,  §  423 ;  G.  S.  1021 ;  R.  S.  336 ;  1878,  XVI,  581. 

§  581.   Treasurer  to  Report  to  School  Commissioner. — He 

shall,  on  the  fifteenth  day  of  each  month,  report  to  the  School  Com- 
missioner of  his  county  the  amount  of  collections  and  disbursements 
made  by  him  for  the  month  on  account  of  poll  tax  and  all  other 
school  funds ;  and  it  shall  be  a  misdemeanor  on  the  part  of  any 
County  Treasurer  to  neglect,  fail  or  refuse  to  make  such  report,  and 
on  conviction  thereof  he  shall  pay  a  fine  of  not  less  than  five  hun- 
dred dollars,  the  same  to  be  used  for  school  purposes  in  the  county. 

Criminal  Code  1902,  §  424;  G.  S.  1022;  R.  S.  337;  1878,  XVI,  584. 

§  582.  Penalty  for  Neglecting  to  Report  School  Funds  to 
Superintendent  of  Education. — He  shall  make  out  and  forward 
annually  to  the  Superintendent  of  Education,  on  the  first  day  of 
November,  a  certified  statement  showing,  by  school  districts,  the 
amount  of  poll  and  other  school  taxes  collected  by  him  for  the  fiscal 
year  ending  on  the  thirty-first  day  of  October  next  preceding;  and 
on  failing,  neglecting  or  refusing  to  make  and  forward  such  state- 
ment the  State  Superintendent  of  Education  shall  make  a  written 
complaint  to  the  Circuit  Solicitor  for  the  county  in  which  the  said 
County  Treasurer  resides,  who  shall  prosecute  the  said  County 
Treasurer  for  the  same ;  and  on  conviction  thereof  he  shall  be  sub- 
ject to  a  fine  of  five  hundred  dollars,  the  same  to  be  used  for  free 
public  school  purposes  in  his  county. 

Criminal  Code  1902,  §  425  ;  G.  S.  1023  ;  R.  S.  338 ;  1878,  XVI,  584. 

§  583.  Auditor  to  Report  Polls,  Etc. — Penalty. — It  shall  be 
the  duty  of  each  Auditor  to  state,  in  a  separate  column,  the  school 
district  in  which  the  taxpayer  resides.  At  the  expiration  of  the 
time  prescribed  by  law  to  receive  returns  he  shall  make  out  and  for- 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  85 

ward  to  the  Board  of  Trustees  of  each  school  district  within  his 
county  a  correct  list  of  the  polls  returned  from  their  respective  dis- 
tricts. When  the  School  Trustees  have  reported  to  him  the  names 
of  all  persons  who  have  failed  or  neglected  to  make  returns,  it  shall 
be  his  duty  to  enter  upon  his  books  the  names  of  all  persons  thus 
reported  to  him,  and  he  shall  enter  the  names  of  said  persons  upon 
the  tax  duplicate  furnished  the  County  Treasurer.  And  any  Audi- 
tor failing  to  comply  with  either  or  all  of  the  provisions  of  this  sec- 
tion shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
before  a  Court  of  competent  jurisdiction,  shall  be  fined  in  a  sum  of 
not  more  than  one  hundred  dollars,  or  be  imprisoned  for  a  term  not 
exceeding  thirty  days. 

Criminal  Code  1902,  §  426;  R.  S.  339;  1890,  XX,  718;  1891,  XX, 
1049:  1892,  XXI,  18. 

§  585.  Exercising  Office  of  Examiner  or  Trustee  After 
Removal. — If  a  member  of  any  County  Board  of  Examiners  in 
any  county  of  this  State,  or  a  Trustee  of  any  school  district,  shall 
attempt  to  act  or  discharge  the  duties  of  either  of  said  offices  after 
he  has  been  removed,  or  after  his  successor  shall  have  qualified,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  ird,  after  conviction,  be 
punished  by  a  fine  of  not  less  than  one  hundred  and  one  dollars,  or 
imprisonment  for  not  less  than  thirty  days,  or  both,  at  the  discretion 
of  the  Court. 

Criminal  Code  1902,  §  428;  G.  S.  1024;  R.  S.  341 ;  1878,  XVI,  584. 

§  586.  Failure  of  School  Commissioner  or  County  Treas- 
urer to  Keep  "General  Cash  Account." — The  failure  of  any 
County  School  Commissioner  or  any  County  Treasurer  of  thi3  S^ate 
to  keep  a  book  of  entry,  in  which  shall  be  kept  an  account  known  as 
"general  cash  account,"  as  required  by  law,  shall  be  deemed  a  mis- 
demeanor, and,  on  conviction  thereof,  he  shall  be  subject  to  a  fine  of 
not  less  than  two  hundred  dollars  or  imprisonment  in  the  county 
jail  for  a  period  not  less  than  six  months. 

Criminal  Code  1902,  §  429;  G.  S.  342;  1892,  XXI,  81. 

§  586a.  Teachers,  Principals  and  Superintendents  Re- 
quired to  File  Reports. — Any  teacher,  principal  or  superintend- 
ent employed  in  the  schools  of  this  State,  supported  in  whole  or  in 
part  at  public  expense,  shall  file  within  two  weeks  after  the  close  of 
the  session  of  such  school  a  full  and  accurate  report,  as  now  required 
by  law.  Any  person  neglecting,  refusing  or  omitting  to  file  such 


86  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

report  when  requested  by  the  County  Superintendent  of  Education 
shall  be  liable  to  the  cancellation  of  his  or  her  certificate  to  teach, 
and  to  a  fine  of  not  more  than  twenty-five  dollars,  to  be  imposed  at 
the  discretion  of  the  County  Board  of  Education. 

§  586b.   Report  to  County  Superintendent  of  Education. — 

Any  and  all  private  schools  shall  report  to  the  County  Superintend- 
ent of  Education,  upon  request  therefor,  of  the  county  wherein  such 
school  is  located,  the  number  of  pupils  receiving  instruction,  the 
number  in  regular  attendance,  the  number  of  teachers  employed, 
and  such  other  facts  as  will  show  the  grade  and  amount  of  educa- 
tional work  actually  done  in  such  private  school.  The  management 
of  such  other  private  school  neglecting,  refusing  or  omitting  to  file 
such  report  within  two  weeks  after  the  close  of  the  regular  session 
shall  be  subject  to  a  fine  of  not  more  than  twenty-five  dollars. 

§  586c.  County  Superintendents  to  File  Reports  With 
State  Superintendent  of  Education. — It  shall  be  the  duty  of 
each  County  Superintendent  of  Education  to  •  file  with  the  State 
Superintendent  of  Education,  within  two  months  after  the  close  of 
the  scholastic  year,  a  full  and  accurate  report  of  all  the  schools  under 
his  supervision.  Any  County  Superintendent  failing  to  make  such 
report  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction  thereof 
in  a  Court  of  competent  jurisdiction,  shall  be  fined  in  the  discretion 
of  the  Court  in  a  sum  not  exceeding  fifty  dollars. 

§  586d.  Cancellation  of  Certificates. — The  cancellation  of 
any  certificate  hereunder  shall  be  reported  to  the  State  Board  of 
Education,  and  may  be  reviewed  on  appeal  taken  within  ten  days 
after  the  decision  of  the  County  Board. 

§  586e.  County  Board  Fund. — Any  and  all  moneys  collected 
hereunder  shall  be  paid  into  the  county  treasury,  to  be  disbursed  as 
a  part  of  the  County  Board  fund  now  authorized  by  law. 

Acts  1913. 

§  394.  Intoxication  or  Disorderly  Conduct  Within  Hear- 
ing Distance  of  Schoolhouse  a  Misdemeanor. — Any  person  or 
persons  who  shall  be  found  on  any  highway  or  at  any  public  place 
or  public  gathering  in  a  grossly  intoxicated  condition,  or  conducting 
himself  or  herself  in  a  disorderly  manner,  or  who  shall  use  obscene 
or  profane  language,  on  any  highway  or  at  any  public  place  or  gath- 
ering or  in  hearing  distance  of  any  schoolhouse  or  church,  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  of  either  of 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  87 

said  offenses,  shall  be  fined  not  less  than  five  dollars  nor  more  than 
fifty  dollars,  or  imprisoned  not  less  than  five  days  nor  more  than 
thirty  days.  All  fines  collected  for  any  and  all  of  the  offenses 
enumerated  in  this  section  shall  be  paid  to  the  County  Treasurer 
and  become  a  part  of  the  public  school  fund  of  such  county. 

Section  10  of  an  Act  known  as  the  Compulsory  School  Attendance 
Law,  passed  by  the  General  Assembly  at  the  1919  session,  provides : 

"That  any  parent,  guardian,  or  other  person  having  charge  of 
any  child  subject  to  the  provisions  of  this  Act,  who  wilfully  neg- 
lects or  refuses  to  comply  with  these  provisions  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction  before  any  Magis- 
trate, be  fined  not  less  than  five  ($5.00)  dollars  nor  more  than  ten 
($10.00)  dollars  for  each  offense.  That  such  fines  are  to  be  paid 
into  the  school  fund  of  such  district  in  which  said  offense  was  com- 
mitted." 

Section  12  of  an  Act  requiring  the  insurance  of  all  public  school 
buildings  (Acts  of  1918,  p.  881)  provides: 

"That  any  officer,  official  or  Trustees  upon  whom  the  duties  pro- 
vided in  this  Act  devolves  who  fail  or  refuse  to  carry  out  the  pro- 
visions of  this  Act  shall  be  guilty  of  a  misdemeanor,  and,  upon  con- 
viction thereof,  shall  be  fined  in  a  sum  not  less  than  twenty-five 
($25.00)  dollars  nor  more  than  one  hundred  ($100.00)  dollars,  or 
imprisonment  not  less  than  ten  nor  more  than  thirty  days." 

See  Section  1761L 

§  303.  Rebates  Collected  and  Retained  by  Public  Officer 
Misdemeanor. — Any  State  or  county  officer  in  this  State  who 
shall  receive  or  collect  any  rebate,  commission  or  discount  from  any 
person,  persons  or  corporations  upon  the  purchase  of  any  books,  or 
any  other  property,  or  supplies,  or  from  printing  or  advertising, 
whether  for  use  of  State  or  county,  and  shall  fail  or  refuse  to  pay 
the  same  to  the  proper  State  or  county  authorities  at  the  time  of 
receiving  the  same,  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction,  shall  be  punished  by  a  fine  or  imprisonment,  in 
the  discretion  of  the  Court,  and  shall  also  forfeit  his  said  office. 


SUPPLEMENT 

Containing 


1.  Procedure  in  the  Issuance  of  School  Bonds. 

2.  Special  Levies  in  School   Districts — Procedure. 

3.  Regulations  of  State  Board  of  Education. 

4.  High   School  Regulations. 


90  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

Procedure  Required  by  Law  in  the  Issuance 

of  SCHOOL  BONDS 


Trustees  Authorized  to  Issue  Bonds. — The  Trustees  of  any 
school  district  in  the  State  are  authorized  to  issue  and  sell  coupon 
bonds,  in  such  denominations  and  amounts  as  they  may  deem  neces- 
sary, not  to  exceed  four  per  cent,  of  the  assessed  valuation  of  the 
property  of  the  school  district. 

Rate  of  Interest. — The  rate  of  interest  of  such  bonds  must  not 
exceed  six  per  cent.,  the  interest  to  be  paid  annually  or  semiannually. 

Petition  the  First  Step. — Before  the  question  of  issuing  bonds 
can  be  submitted  to  the  voters  a  written  petition  of  at  least  one-third 
of  the  resident  electors,  and  a  like  proportion  of  the  resident  free- 
holders over  the  age  of  twenty-one  years,  must  be  filed  with  the 
Trustees. 

Survey  of  District. — The  Trustees,  before  holding  the  election,, 
must  have  a  survey  made  of  the  school  district  and  file  the  plat  in 
the  office  of  the  Clerk  of  Court. 

Who  Entitled  to  Vote. — Only  qualified  voters  residing  in  the 
school  district  are  entitled  to  vote. 

Notice  of  Election. — Notice  of  an  election  for  bonds  must  be 
given  for  ten  days  preceding  the  election  in  a  newspaper  published 
in  the  district,  or  by  posting  such  notice  in  three  public  places  in 
the  school  district. 

Place  of  Election,  Managers,  Etc. — The  Trustees  shall  name 
the  time  and  place  of  election,  appoint  the  managers,  receive  the 
returns  of  the  managers,  and  declare  the  result. 

Form  of  Ballot. — The  ballot  must  have  written  or  printed  on 
it  the  words  "For  Bonds"  or  "Against  Bonds." 

Term  of  Bonds. — Bonds  cannot  run  longer  than  twenty  years- 
from  date  of  issue. 

How  Bonds  Shall  Be  Sold. — The  Trustees  shall  not  sell  bonds 
for  less  than  par  value.  The  proceeds  can  be  used  only  for  the 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  91 

purpose  of  erecting  buildings  and  for  equipment  for  maintaining 
public  schools  in  the  district,  or  for  paying  indebtedness  of  the 
district. 

Interest  and  Sinking  Fund. — A  tax  levy  sufficient  to  pay  the 
interest  on  the  bonds  and  to  provide  for  a  sinking  fund  to  retire 
the  bonds  when  due  must  be  made  on  all  property  of  the  district. 

Signing  of  Bonds. — The  bonds  must  be  signed  by  the  Trustees, 
but  lithographed  or  engraved  signatures  may  be  used. 

Funds  to  Be  Deposited  at  Interest. — All  moneys  belonging  to 
the  sinking  fund  must  be  deposited  in  some  savings  institution  or 
bank  by  the  County  Treasurer  at  the  best  rate  of  interest  obtainable. 
The  Trustees  have  the  right  to  approve  the  bank  of  deposit  and  to 
change  the  place  of  deposit  at  any  time. 

Bonds  Exempt  from  Taxation.  —  School  bonds  are  exempt 
from  taxation  for  State,  county,  municipal  or  school  purposes. 

Duplicates  of  Record  Must  Be  Filed. — The  Trustees  must 
make  a  full  record  of  their  acts  and  doings  and  file  a  duplicate 
thereof  in  the  office  of  the  Clerk  of  Court  or  Register  of  Mesne 
Conveyance. 

When  Bonds  Incontestable. — No  action. affecting  the  issuance 
of  school  bonds  can  be  brought  after  thirty  days  from  the  time  of 
the  filing  of  the  duplicate  above  mentioned,  and  such  bonds  in  the 
hands  of  a  bona  fide  purchaser  for  value  shall  be  incontestable  after 
thirty  days  from  such  date. 

Suggested  Form  of  Petition  for  Bonds. — The  following  form 
of  petition  covers  all  the  requirements  of  the  law: 

State   of  South   Carolina, 

County   of    

We,  the  undersigned  resident  electors  and  resident  freeholders,  of  the 

age  of  twenty-one  years,   of • Public   School 

District  No.    ,  of   county, 

request  the  Trustees  of  said  school  district  to  order  an  election  sub- 
mitting the  question  of  issuing  and  selling  coupon  bonds  in  the  sum  of 

dollars  of  said  school 

district  to  the  qualified  voters  thereof,  the  proceeds  of  said  bonds  to  be 
used  for  the  purpose  of  erecting  buildings  and  for  equipment  for  main- 
taining public  schools  in  said  district. 

(Names  of  resident  electors.)  (Names  of  resident  freeholders.) 

Note. — If  the  bonds  are  to  be  issued  to  pay  indebtedness,  wholly  or 
in  part,  change  form  to  correspond. 


92  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

Special  Levies  in  School  Districts. 
Procedure  Required  by  Law. 


Petition  First  Step. — When  the  voters  of  any  school  district 
desire  to  levy  a  special  tax  for  school  purposes,  a  written  petition 
of  at  least  one-third  of  the  resident  electors,  and  a  like  proportion 
of  the  resident  freeholders  of  the  age  of  twenty-one  years,  must  be 
filed  with  the  County  Board  of  Education,  asking  for  an  election 
and  stating  the  rate  of  the  tax  levy,  which  shall  not  exceed  eight 
mills. 

Who  Orders  Election. — The  power  of  ordering  the  election  is 
mandatory  on  the  County  Board  of  Education,  who  shall  order  the 
Trustees  of  .the  school  district  to  hold  an  election  at  some  point  in 
the  district. 

Notice  of  Election. — Notice  of  the  time  and  place  of  election 
must  be  given  for  at  least  two  weeks  in  some  newspaper  published 
in  the  county,  and  by  posting  notice  thereof  within  such  school  dis- 
trict for  at  least  two  weeks.  Both  methods  of  giving  notice  are 
required,  unless  there  is  no  newspaper  in  the  county,  when  the  post- 
ing shall  be  sufficient. 

Who  May  Vote.  —  Only  electors  returning  real  or  personal 
property  for  taxation  can  vote  in  such  election.  Voters  who  do  not 
return  real  or  personal  property  are  disqualified.  The  voter  must 
exhibit  his  tax  receipt  for  the  preceding  year,  and  his  registration 
certificate,  as  required  in  general  elections. 

Elections — How  Held. — The  Trustees  of  the  district  shall  act 
as  managers,  and  the  election  shall  be  conducted  as  in  general  elec- 
tions. 

Form  of  Ballot. — Each  voter  favoring  the  special  levy  shall 
cast  a  ballot  containing  the  word  "Yes"  printed  or  written  thereon, 
and  each  voter  opposed  to  the  levy  shall  cast  a  ballot  with  the  word 
"No"  printed  or  written  thereon. 

Trustees  Must  Furnish  Statement  to  County  Auditor. — 

Within  ten  days  after  the  election,  if  it  carries  for  the  special  tax, 
the  Trustees  must  furnish  the  County  Auditor  with  a  statement  of 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  93 

the  amount  so  levied,  and  the  Auditor  must  enter  the  same  in  the 
tax  duplicates,  from  year  to  year,  unless  changed  or  repealed. 

Time  Limit. — Unless  the  special  tax  is  levied  before  July  1st  of 
any  fiscal  year,  it  will  not  take  effect  until  the  next  succeeding  year. 
If,  however,  the  election  is  held  after  July  1st  and  a  special  tax 
voted,  the  Trustees  should  furnish  the  Auditor  with  the  statement 
required  above,  within  ten  days,  so  that  the  special  levy  may  be 
entered  on  the  tax  duplicates  for  the  succeeding  year. 

How  Levy  May  Be  Changed.  —  A  special  tax  levy  in  any 
school  district  may  be  increased,  decreased  or  repealed  in  the  same 
manner  as  the  law  prescribes  for  voting  it  on  in  the  first  instance. 
See  Section  1742.  As  to  flexible  levies,  see  Section  1742a. 

Additional  Levy  for  High  Schools. — An  additional  levy  of 
four  mills  is  permitted  for  high  schools.  See  Section  1812g. 

Suggested  Form  for  Petition  for  Special  Levy. — The  fol- 
lowing form  may  be  used  in  the  case  of  asking  for  an  election  on 
the  question  of  levying  a  special  tax.  It  is  merely  suggestive : 

State  of  South   Carolina,") 
County  of ^ 

To  the  County  Board  of  Education. 

Gentlemen:  We,  the  undersigned  resident  electors  and  resident  free- 
holders, of  the  age  of  twenty-one  years,  of  • School 

District  No.  ,  in  th  county  and  State  aforesaid,  do  hereby  peti- 
tion your  honorable  body  to  grant  an  election  in  the  said  district  for  the 

purpose  of  voting  a  special  tax  of mills  on  all  of  the  taxable 

property  of  the  said  district,  to  be  used  for  general  school  purposes  in 
the  said  district,  in  accordance  with  Section  1742,  Civil  Code  of  1912, 
and  amendments  thereto. 

(Names  of  resident  electors.)  (Names  of  resident  freeholders.) 


94  GSNERAI,  SCHOOL  LAW  OF  SOUTH  CAROLINA 

Regulations  of  State  Board  of  Education 


Rule  1.  The  Governor  shall  be  Chairman,  and  the  State  Super- 
intendent of  Education  Secretary  of  the  Board. 

Rule  2.  The  Board  shall  meet  quarterly  on  the  third  Friday  of 
March,  June,  September  and  December  respectively.  Special  meet- 
ings may  be  held  at  any  time  at  the  call  of  the  Chairman  or  at  the 
request  of-  a  majority  of  its  members. 

Rule  3.  The  Secretary  shall  keep  a  record  of  the  actions  of  the 
Board  in  a  book  provided  for  that  purpose,  which  record  shall  be 
the  only  official  record  of  its  proceedings. 

Rule  4.  The  order  of  business  shall  be  as  follows:  Calling  to 
order,  reading  of  minutes  of  the  previous  meeting,  unfinished  busi- 
ness, reports  of  committees,  report  of  the  Chairman,  report  of  the 
Secretary,  and  new  business. 

Rule  5.  All  resolutions  shall  be  reduced  to  writing  by  the  mover, 
and  likewise  all  amendments. 

Rule  6.  A  motion  must  receive  a  second  before  it  can  be  entitled 
to  consideration  by  the  Board. 

Rule  7.  The  Chairman  and  the  Secretary  are  authorized  to  fill 
all  vacancies  that  may  occur  in  the  County  Boards  of  Education, 
and  to  report  their  action  to  the  Board  at  its  meeting  for  its  con- 
sideration. 

Rule  8.  All  vacancies  in  the  office  of  County  Superintendent  of 
Education  shall  be  filled  by  ballot,  and  a  two-thirds  vote  of  the 
members  present  shall  be  necessary  to  fill  the  vacancy. 

Rule  9.  The  Chairman  and  the  Secretary  are  empowered  to  grant 
State  certificates  upon  the  presentation  of  diplomas  from  reputable 
colleges  and  universities  in  other  States  of  as  high  rank  as  leading 
colleges  of  this  State,  such  presentation  to  be  accompanied  by  the 
scholastic  record  and  teaching  experience  of  the  applicant,  and  all 
.certificates  shall  be  subject  to  confirmation  by  the  State  Board  at  its 
next  meeting. 

Rule  10.  After  February,  beginning  in  May,  1903,  there  shall  be 
two  county  examinations  for  teachers'  certificates  each  year,  to  be 
held  in  the  spring  and  in  the  fall,  and  hereafter  no  teacher  shall  be 
employed  in  the  public  schools  of  this  State  who  has  not  registered 
a  certificate  in  the  office  of  the  County  Superintendent  of  Education 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  95 

and  submitted  proof  thereof  to  the  Board  of  Trustees  employing 
him. 

Rule  11.  Every  applicant  for  a  county  certificate  shall  stand  a 
satisfactory  written  examination  before  the  County  Board  of  Edu- 
cation on  uniform  questions  prepared  and  furnished  by  the  State 
Board,  the  examination  to  be  held  in  all  the  counties  on  the  same 
day,  or  he  or  she  shall  present  to  the  County  Board  at  least  an  A.  B. 
or  B.  S.  diploma  from  some  reputable  chartered  college  or  univer- 
sity of  this  State  whose  curriculum,  standing,  faculty  and  equip- 
ment have  been  examined  and  approved  by  the  State  Board  of  Edu- 
cation. A  county  certificate  cannot  be  issued  on  a  diploma  or  cer- 
tificate secured  in  another  State. 

Rule  12.  Uniform  examination  questions  shall  be  prepared  and 
furnished  by  the  State  Board  of  Education  for  county  examinations. 

Rule  13.  There  shall  be  three  grades  of  teachers'  county  certifi- 
cates— first  grade,  second  grade,  and  third  grade. 

Rule  14.  To  obtain  a  first  grade  teachers'  county  certificate  the 
applicant  shall  stand  a  written  examination  on  questions  prepared 
and  furnished  the  County  Board  of  Education  by  the  State  Board, 
and  shall  make  a  general  average  of  not  less  than  eighty  per  cent, 
and  not  less  than  fifty  per  cent,  on  any  one  branch. 

To  obtain  a  second  grade  teachers'  county  certificate  the  appli- 
cant shall  stand  a  written  examination  on  questions  prepared  and 
furnished  the  County  Board  of  Education  by  the  State  Board,  and 
shall  make  a  general  average  of  not  less  than  seventy  per  cent,  and 
not  less  than  forty-five  per  cent,  on  any  one  branch. 

To  obtain  a  third  grade  teachers'  county  certificate  the  applicant 
shall  stand  a  written  examination  on  questions  prepared  and  fur- 
nisned  the  County  Board  of  Education  by  the  State  Board,  and 
shall  make  a  general  average  of  not  less  than  sixty  per  cent,  and 
not  less  than  forty  per  cent,  on  any  one  branch. 

The  County  Board  may,  in  each  instance,  impose  oral  tests  in 
reading  and  language.  In  estimating  for  a  second  or  a  third  grade 
certificate  algebra  need  not  be  included ;  if  it  would  be  to  the  appli- 
cant's advantage  it  may  be  included. 

Rule  15.  No  person  shall  be  permitted  to  take  the  examination 
who  is  not  ait  least  eighteen*  years  of  age,  and  before  taking  an  exam- 
ination each  applicant  shall  satisfactorily  pass  such  oral  tests  in  read- 
ing and  language  as  the  Board  may  impose. 


96  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

Rule  16.  A  first  grade  county  certificate  may  be  renewed  by  the 
County  Board  from  which  it  was  issued.  If,  however,  a  teachers' 
institute  or  summer  school  is  held  in  the  county,  a  first  grade  certifi- 
cate shall  not  be  renewed  unless  the  holder  attends  the  institute  or 
summer  school,  or  shows  to  the  State  Board  of  Education  some  sat- 
isfactory reason  for  not  doing  so.  A  first  grade  county  certificate 
shall  not  be  renewed  unless  the  holder  has  done  some  teaching  dur- 
ing the  two  years  for  which  the  certificate  was  issued. 

A  second  grade  county  certificate  may  be  renewed  where  the 
holder  attends  a  teachers'  institute  or  summer  school,  or  shows  to 
the  State  Board  of  Education  a  satisfactory  reason  for  not  doing  so. 

A  third  grade  county  certificate  shall  not  be  renewed. 

Rule  17.  The  County  Board  shall  issue  to  each  applicant  making 
the  required  per  cent,  a  certificate,  signed  by  each  member  of  the 
Board,  and  under  the  seal  of  the  office  of  the  County  Superintendent 
of  Education  of  the  county,  and  showing  on  its  face  the  per  cent, 
made  on  each  branch  and  the  general  average.  The  certificate  shall 
run  for  two  years  from  its  date,  and  the  holder  shall  be  deemed  com- 
petent to  teach  in  the  public  schools  of  the  county. 

Rule  18.  No  certificate  of  qualification  shall  be  granted  by  any 
County  Board  in  any  circumstances  to  any  person  who  is  under 
eighteen  years  of  age. 

Rule  19.  The  County  Board  of  Education  of  one  county  may  rec- 
ognize a  certificate  issued  by  the  County  Board  of  Education  of 
another  county,  but  in  such  case  the  County  Superintendent  of  Edu- 
cation shall  register  the  name  of  the  holder,  the  county  from  which 
the  certificate  was  issued,  the  date  and  number  of  the  certificate, 
i and  when  so  registered  the  certificate  shall  be  filed  in  the  office  of 
the  County  Superintendent  of  Education  and  a  new  certificate  with 
the  same  entries  shall  be  issued  in  lieu  thereof,  for  use  in  his  county 
during  the  remainder  of  the  period  for  which  the  original  certificate 
runs.  The  certificate  can  be  renewed  or  extended  only  by  the 
County  Board  originally  issuing  it. 

Rule  20.  Each  County  Board  shall  keep  a  register,  in  which  shall 
be  recorded  the  name,  age,  sex,  color  and  postoffice  of  each  person 
to  whom  a  certificate  is  granted,  and  also  the  date  and  grade  of  the 
certificate. 

Rule  21.  A  two-year  State  certificate  may  be  issued  to  any  teacher 
successfully  completing  at  least  nine  approved  courses  in  a  summer 
school  recognized  by  the  State  Board  of  Education. 


SCHOOL  LAW  OF  SOUTH  CAROUNA.  97 

Rule  22.  Any  teacher  holding  a  valid  first  grade  county  certifi- 
cate, possessing  two  years'  successful  classroom  experience,  and 
completing  in  a  recognized  summer  school  during  three  consecutive 
years  not  fewer  than  three  approved  courses  each  year  may  be 
granted  a  ten-year  State  license  upon  the  presentation  of  full  rec- 
ords and  reports  to  the  State  Superintendent  of  Education. 

Rule  23a.  Any  teacher  who  holds  a  valid  first  grade  county  cer- 
tificate and  who  has  rendered  at  least  five  years  of  successful  serv- 
ice in  South  Carolina  may  be  granted  a  State  certificate  to  teach  for 
five  years  upon  the  presentation  of  a  written  statement  testifying  to 
the  effectiveness  of  such  service,  signed  by  the  supervising  principal 
or  superintendent  of  school  or  schools  in  which  such  service  has 
been  rendered,  by  the  County  Board  or  Boards  of  Education  and 
by  the  Board  or  Boards  of  Trustees.  At  the  end  of  five  years  this 
certificate  may  be  extended  by  the  State  Board  of  Education  for 
another  period  of  five  years  if  satisfactory  evidence  as  above  indi- 
cated is  again  shown.  At  the  end  of  the  second  period  the  State 
Board  of  Education  may  grant  a  life  certificate  to  teach  if  the  evi- 
dence of  continued  successful  professional  experience  is  satisfac- 
tory. 

Rule  23b.  Any  teacher  who  holds  at  least  an  A.  B.  or  B.  S. 
diploma  from  an  accredited  college  of  this  State,  and  who  has  ren- 
dered at  least  five  years  of  successful  service  in  South  Carolina,  may 
be  granted  a  life  certificate  to  teach  upon  the  presentation  of  a  writ- 
ten statement  testifying  to  the  effectiveness  of  such  service,  signed 
by  the  supervising  principal  or  superintendent  of  school  or  schools 
in  which  such  service  has  been  rendered,  by  the  County  Board  or 
Boards  of  Education  and  by  the  district  Board  or  Boards  of  Trus- 
tees. 

Rule  24a.  Any  teacher  with  a  valid  first  grade  county  certificate 
may  be  given  a  special  five-year  high  school  certificate  upon  presen- 
tation of  satisfactory  evidence  of  fitness  and  preparation  to  teach 
any  designated  high  school  subject  or  subjects.  A  special  examina- 
tion for  the  award  of  high  school  certificates  shall  be  held  annually 
by  the  State  Board  of  Education  at  such  time  and  place  as  may  be 
announced. 

Rule  24b.  Any  teacher  in  the  high  schools  of  the  State  who,  in 
the  judgment  of  the  local  superintendent  and  the  State  High  School 
Inspector,  may  have  evinced  peculiar  fitness,  fidelity  and  effective- 
ness in  teaching  any  branch  or  branches  of  study  of  the  said  school 


98  GENERAL  SCHOOL  LAW  OE  SOUTH  CAROLINA. 

may  be  issued  a  certificate  of  distinctive,  merit  by  the  State  Depart- 
ment of  Education  bearing  testimony  to  this  fact. 

Rule  25.  The  State  Board  of  Education  may  grant  five-year  pro- 
fessional certificates  to  teachers  for  the  primary  and  elementary 
schools  if  an  examination.given  by  the  State  Board  reveals  the  abil- 
ity on  the  part  of  the  applicant  to  teach  in  these  schools.  The  nature 
of  these  examinations  will  be  announced  as  the  occasion  for  such 
examinations  may  arise. 

Rule  26.  The  State  Board  of  Education  may  grant  certificates  to 
applicants  for  positions  as  teachers  of  the  kindergarten,  of  music, 
or  of  industrial  subjects,  if  satisfactory  evidence  is  revealed  by 
examination  or  otherwise  that  the  applicant  is  able  to  teach  in  any 
one  of  these  departments. 

Rule  27.  State  certificates  shall  be  renewed  only  upon  the  presen- 
tation in  writing  of  satisfactory  evidence  of  successful  teaching  dur- 
ing the  life  of  the  certificate  and  of  professional  improvement. 

Rule  28.  Every  claim  or  warrant  issued  by  a  Board  of  Trustees 
shall  be  signed  by  at  least  two  members  of  the  Board,  and  shall  not 
be  approved  by  the  County  Superintendent  of  Education  until  the 
Clerk  of  the  Board  of  Trustees  has  entered  it  in  a  book  kept  for 
that  purpose. 

Any  and  all  school  warrants  issued  by  any  Board  of  School  Trus- 
tees against  any  public  school  fund  shall  not  be  paid  by  the  County 
Treasurer  or  other  officer  having  the  custody  of  such  fund  until  the 
warrant  has  been  approved  by  the  County  Superintendent  of  Edu- 
cation of  the  county  in  which  said  warrant  is  drawn.  (Section  1759 
of  the  Code  of  1912.) 

No  pay  warrant  shall  be  issued  by  any  Board  of  Trustees  or 
approved  by  any  County  Superintendent  of  Education  in  favor  of 
any  teacher  who,  after  July  1,  1901,  uses  in  the  public  schools  of 
this  State  any  textbook  to  the  exclusion  of  the  textbook  or  text- 
books herein  adopted  on  the  same  subject,  and  who  had  not  regis- 
tered in  the  office  of  the  County  Superintendent  of  Education  a  cer- 
tificate to  teach. 

Rule  29.  No  teacher  shall  be  employed  by  the  Board  of  Trustees 
who  is  related  by  consanguinity  or  affinity  within  the  second  degree 
to  a  member  of  the  Board  of  Trustees  or  to  a  principal  of  a  school, 
without  the  written  approval  of  the  County  Board  of  Education,  nor 
shall  they  employ  a  teacher  holding  a  certificate  issued  by  a  County 
Board,  of  another  county  until  the  certificate  has  been  duly  regis- 


GENERAL,  SCHOOL  LAW  OF  SOUTH  CAROLINA.  99 

tered  in  the  office  of  the  County  Superintendent  of  Education  of 
their  own  county. 

Rule  30.  No  public  school  supplies  shall  be  purchased  by  school 
officers  for  use  in  the  public  schools  of  any  county  in  the  State  except 
such  as  are  authorized  by  the  State  Board  to  be  sold.  The  venders 
of  all  such  supplies  authorized  to  be  sold  by  this  Board  shall  enter 
into  a  written  contract  with  this  Board,  in  which  the  prices  of  the 
supplies  shall  be  stated,  and  copies  of  the  supplies  shall  be  placed  in 
the  office  of  the  State  Superintendent  of  Education,  and  the  supplies 
sold  to  the  schools  shall  at  all  times  conform  to  the  samples,  and  the 
prices  shall  not  exceed  the  prices  agreed  on.  The  County  Boards 
may  allow  or  disallow  such  supplies,  or  any  of  them,  to  be  sold  in 
their  counties.  In  case  they  permit  the  same  to  be  sold,  they  shall 
give  the  vender  written  permission  to  offer  the  same  to  the  Trustees 
of  their  counties,  the  prices  of  the  supplies  to  be  named  in  the  writ- 
ten permission,  leaving  the  purchase  or  not  of  such  supplies  to  the 
good  judgment  of  the  Boards  of  Trustees.  In  case  the  Trustees 
purchase  any  of  such  supplies  they  may  give  a  warrant  against  the 
school  fund  of  their  district  in  payment  thereof,  but  in  no  case  shall 
the  County  Superintendent  of  Education  countersign  or  indorse  any 
such  warrant  until  the  supplies  have  been  delivered;  the  County 
Superintendent  shall  hold  all  such  warrants  in  his  possession  until 
the  delivery  of  the  supplies  is  made.  All  persons  purchasing  any 
such  warrants  before  the  same  have  been  countersigned  by  the 
County  Superintendent  of  Education  do  so  at  their  own  risk.  *•' 

Rule  31.  In  all  cases  of  appeal  from  decisions  of  County  Boards 
notices  of  appeal  must  be  served  on  the  Secretary  of  the  County 
Board,  of  Education,  on  the  Secretary  of  the  State  Board  of  Edu- 
cation, and  also  on  the  respondents,  within  thirty  days  from  the 
decision  of  the  County  Board,  and  all  testimony,  records  and  papers 
must  be  on  file  in  the  office  of  the  State  Superintendent  of  Educa- 
tion at  least  ten  days  before  the  meeting  at  which  the  appeal  is  to 
be  heard.  In  all  appeal  cases  the  Secretary  of  the  State  Board  of 
Education  shall  assign  an  equal  length  of  time  for  reviewing  testi- 
mony and  argument  by  appellants  and  respondents,  and  notice  of 
such  time  assigned  shall  be  accordingly  given  by  the  Secretary  of 
the  State  Board. 

Rule  32.  The  County  Boards  of  Education  shall  require  all  pub- 
lic school  buildings  to  be  constructed  only  upon  land  owned  by  the 
school  district.  No  school  building  shall  be  aided  by  county  or 


100  GKNERAI/  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

State  funds  under  the  school  improvement  Act  unless  constructed 
according  to  plans  approved  by  the  State  Board  of  Education,  and 
unless  the  building  is  found  to  be  of  first-class  material  and  work- 
manship upon  inspection  by  the  County  Superintendent  of  Edu- 
cation. 

Rule  33.  Regular  school  funds  include:  Cash  balance  on  hand 
July  1st,  poll  tax,  constitutional  three-mill  tax,  and  dog  tax. 

Rule  34.  No  district  having  sufficient  regular  school  funds  to  run 
the  schools  of  the  district  one  hundred  days  shall  receive  term  exten- 
sion aid  under  this  Act. 

Rule  35.  No  aid  shall  be  given  any  district  until  all  the  regular 
school  funds  have  been  expended,  either  by  contract  or  by  actual 
outlay. 

Rule  36.  Under  the  term  extension  Act  no  district  shall  receive 
more  than  $100  from  the  State,  nor  more  than* the  amount  raised  by 
special  tax. 

Rule  37.  No  district  shall  receive  aid  from  the  State  unless  each 
teacher  employed  in  the  district  holds  a  certificate  which  has  been 
registered  in  the  office  of  the  County  Superintendent  of  Education. 

Rule  38.  Every  application  shall  be  signed  by  the  Chairman  or 
by  the  Clerk  of  the  Board  of  Trustees,  and  by  the  County  Super- 
intendent of  Education,  and  shall  be  accompanied  by  a  certificate 
from  the  County  Auditor  showing  the  amount  of  special  tax  levied 
on  the  property  of  the  district. 

Rule  39.  The  State  Superintendent  shall  forward  the  amount 
appropriated  to  any  district  to  the  County  Treasurer,  to  be  placed 
to  the  credit  of  the  district. 

Rule  40.  No  term  extension  application  shall  be  honored  unless 
it  reaches  the  office  of  the  State  Superintendent  of  Education  on  or 
before  November  15th,  and  no  rural  graded  school  application  shall 
be  honored  unless  it  reaches  the  office  of  the  State  Superintendent 
of  Education  on  or  before  December  15th. 

Rule  41.  The  State  Superintendent  of  Education  may  refuse  any 
application  which,  in  his  judgment,  would  not  increase  the  efficiency 
of  the  free  public  schools :  Provided,  That  such  refusal  be  subject 
to  the  review  and  approval  of  the  State  Board  of  Education. 

Rule  42.  It  is  the  judgment  of  the  State  Board  of  Education  that 
the  work  of  one-teacher  schools  should  be  limited  to  seven  grades; 
the  work  of  two-teacher  schools,  to  eight  grades ;  the  work  of  three- 


SCHOOL  LAW  OF  SOUTH  CAROLINA.  101 

teacher  schools,  to  nine  grades,  and  the  work  of  four-teacher  schools, 
to  ten  grades. 

Rule  43.  State  aid  under  the  term  extension  law,  the  rural  graded 
school  law  or  the  high  school  law  may  be  withheld  in  any  instance 
where  the  classification  of  the  pupils  shows  only  one  child  in  a  grade 
or  an  enrollment  of  more  than  fifty  pupils  to  a  teacher  in  any  class- 
room. 


102  GENERAL  SCHOOL  LAW  OP  SOUTH  CAROLINA. 


High  School  Regulations 


The  High  School" Law  Requires: 

1*.  A  local  tax  of  not  less  than  four  mills  for  running  expenses. 

2.  The  full  time  of  as  many  as  two  teachers  above  the  seventh 
grade. 

3.  A  minimum  legal  enrollment  of  twenty-five  pupils  above  the 
seventh  grade. 

4.  A  maximum  of  $675  to  a  two-teacher  high  school,  $825  to  a 
three-teacher  high  school,  and  $975  to  a  high  school  of  four  or  more 
teachers. 

This  maximum  will  be  increased  during  the  second  year  five  dol- 
lars per  month  and  during  the  third  year  an  additional  five  dollars 
per  month  in  case  the  same  teacher  returns. 

Rule  44.  High  schools  receiving  State  appropriations  must  run 
not  less  than  eight  months,  or  160  days. 

Rule  45.  High  school  recitation  periods  in  all  major  subjects 
must  be  not  less  than  forty  minutes  each.  The  State  Board  rec- 
ommends forty-five-minute  periods  except  in  very  small  classes. 

Rule  46.  A  school  employing  five  teachers  or  six  teachers  shall 
not  use  any  part  of  the  time  or  more  than  two  teachers  in  its  high 
school  department. 

Rule  47.  A  school  employing  seven  or  eight  teachers  may  use  not 
more  than  one-half  the  time  of  a  third  high  school  teacher  in  the 
high  school  department :  Provided,  That  the  enrollment  in  the  high 
school  department  and  the  elementary  department  are  in  such  pro- 
portion as  to  justify  this  division.  All  such  schools  are  to  be  rated 
as  two-teacher  high  schools  in  receiving  appropriations. 

Rule  48.  The  elementary  grades  of  any  school  must  be  adequately 
provided  with  teaching  force  before  three  or  more  teachers  will  be 
permitted  in  a  high  school  receiving  State  aid.  No  teacher  in  the 
elementary  department  of  any  school  receiving  State  high  school 
aid  may  have  or  teach  more  than  fifty  pupils  a  day. 

Rule  49.  The  supervising  principal  of  a  two-teacher  high  school 
must  devote  not  fewer  than  six  periods  a  day  to  teaching. 

Rule  50.  The  supervising  principal  of  a  three-teacher  high  school 
will  not  be  counted  as  a  full-time  teacher  unless  he  devotes  as  many 
as  five  periods  a  day  to  teaching. 


GENERAL,  SCHOOL  LAW  OF  SOUTH  CAROLINA.  103 

Rule  51.  The  supervising  principal  of  a  four-teacher  high  school 
will  not  be  counted  as  a  full-time  teacher  unless  he  devotes  as  many 
as  four  periods  a  day  to  teaching. 

Rule  52.  No  high  school  teacher  other  than  the  supervising  prin- 
cipal will  be  counted  a  full-time  teacher  unless  such  teacher  devotes 
as  many  as  five  periods  a  day  to  actual  teaching. 

Rule  53.  No  high  school  will  be  accepted  for  State  aid  whose 
superintendent  or  supervising  principal's  salary  is  unreasonably  out 
of  proportion  to  the  number  of  teachers  he  has  to  supervise  or  to 
the  salaries  of  his  assistants. 

Rule  54.  In  a  two-teacher  high  school  the  amount  of  State  aid 
shall  not  exceed  $675.00  a  year,  except  for  tenure. 

Rule  55a.  To  high  schools  of  three  or  more  teachers  the  initial 
appropriation  will  be  the  lowest  high  school  salary  up  to  $675.00  a 
year.  Any  additional  appropriations  will  be  made  in  accordance 
with  the  revised  high  school  Act  of  1919. 

Rule  55b.  All  contracts  between  district  Trustees  and  teachers 
will  be  fully  protected  in  the  apportionment  of  State  high  school  aid 
up  to  the  limits  fixed  by  the  contracts  and  by  the  High  School  Law. 
In  case  the  development  of  the  high  schools  requires  a  scaling  in  the 
allotment  of  State  high  school  funds,  this  scaling  will  be  made  pro- 
portionately in  the  tuition  allowance. 

Rule  56.  After  July  1,  1917,  no  high  school  will  be  given  State 
aid  when  there  are  fewer  than  five  pupils  enrolled  in  any  grade. 

Rule  57.  No  high  school  student  in  a  State-aided  high  school  will 
be  permitted  to  carry  more  than  five  major  subjects  at  a  time. 
Under  this  regulation  English  is  counted  one  subject,  Latin  with 
grammar  or  prose  composition  is  one  subject,  history  with  civics 
is  one  subject,  arithmetic,  algebra  and  geometry  are  three  separate 
subjects,  and  each  division  of  history  is  a  separate  subject. 

Rule  58.  Each  high  school  teacher  employed  in  a  school  receiv- 
ing State  high  school  aid  must  have  a  valid  first  grade  certificate 
properly  registered  with  the  County  Superintendent  of  Education 
of  the  county  in  which  the  school  is  located.  College  diplomas  are 
not  certificates. 

Rule  59.  After  July  1,  1917,  every  high  school  teacher  employed 
in  a  State-aided  high  school  must  give  evidence  of  his  or  her  fitness 
to  teach  the  subjects  he  or  she  teaches  in  that  school.  This  fitness 
is  to  be  determined  by  the  course  or  courses  pursued  by  the  teacher 
in  his  or  her  preparation  to  teach,  or  by  examination  prepared  and 


104  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

directed  by  the  State  Board,  or  by  inspection  of  the  teacher's  work 
to  be  reported  to  the  State  Board  in  writing  by  its  representatives 
in  cases  where  the  teacher  has  already  taught  these  subjects  five 
years  or  more. 

Rule  60.  Every  high  school  receiving  State  aid  must  use  the  text- 
books adopted  by  the  State  Board  of  Education  or  submit  in  writing 
to  the  State  Board  what  other  books  are  used,  together  with  the  rea- 
sons for  their  use.  Schools  organized  and  operated  under  legisla- 
tive Acts  conferring  special  powers  and  privileges  with  the  right  of 
independent  textbook  adoption  are  the  only  districts  legally  author- 
ized to  substitute  texts  in  lieu  of  State-adopted  books.  The  powers 
and  privileges  of  such  special  legislative  districts  are  not  abridged 
or  affected  by  this  regulation,  but  the  record  of  their  textbook  uses 
will  be  helpful  to  the  State  Board.  Districts  governed  by  the  gen- 
eral school  law  cannot  make,  legally,  substitutions  for  State-adopted 
books. 

Rule  61.  State  aid  may  be  withdrawn  from  any  high  school  after 
two  months'  notice  to  the  local  Board  for  inefficient  teaching,  for 
the  continuance  of  an  inadequate  course  of  study,  or  for  lack  of 
attendance. 

Rule  62.  Every  high  school  receiving  State  aid  shall  render  with 
reasonable  promptness  such  reports  as  are  required  by  the  State 
Board.  All  such  reports  are  to  be  countersigned  by  the  Secretary 
of  the  local  School  Board.  Any  school  knowingly  making  an  incor- 
rect report  in  any  matter  affecting  the  standing  of  the  school  or  its 
appropriation  thereby  subjects  itself  to  being  penalized  by  the  State 
Board. 


INDEX 


Section. 

Adoption  of  textbooks. . . 1708 

Agents,  school  officers,  not  to  act  for  sale  of  books 576 

Agriculture,  teaching  of,  in  schools 1813a-  1813f 

Alcoholic   drinks    1733 

Appeals  to  State  Board  of  Education 1707,  1736 

Appeals  to  County  Board  of  Education 1736 

Appeals,  procedure  on,  rules 31 

Apportionment  of  school  funds 577,  1720,  1735 

Approval  of  school  claims. 1758 

Approval  of  school  warrants. 1759 

Arbor  Day 1809 

Auditor  to  report  polls 583 

Bequests  for  educational  purposes. 1702 

Blanks  and  certificates  181  la-  1699 

Board  of  Health  to  visit  and  inspect  schools '. . .  1598 

Board  of  Health  may  close  schools 1598 

Bond  of  State  Superintendent 1698 

Bond  of  publishers  1708 

Bond  of  County  Superintendent 1717 

Bonds  for  schools 1743-  1751b 

School  districts  may  issue 1743 

How  election  shall  be  held 1744 

Ballots   1745 

How  bonds  shall  be  sold 1746 

How  bonds  shall  be  signed 1747 

Proceeds,  how  disposed  of 1748 

How  money  shall  be  deposited 1749 

;  Exempt  from  taxation   1751 

Duplicates  to  be  filed 1751a 

When  incontestable  1751b 

Building  fund  for  schools — See  note 1767 

Calhoun's  birthday  1810 

Certificates  and  blanks 1699 

Certificates  of  teachers   1708,  1737 

Registry  of   1737 

Issuance  of 1737 

Revocation   of    1737 

Rules  as  to 1737 

Cancellation  of  certificates   586c 

Citadel,  scholarships  in   '...'. 1710 

Claims,  reports  on   1724 

Register  of 1725 


106  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

Need  not  be  impressed  with  seal 1727 

Of  County  Superintendent  1728 

Against  school  funds   1758 

Proof  of  old   1805 

Borrowing  money  to  pay 1806 

Clemson  College,  scholarships  in 1710,  1714b-  1714e 

Competitive  examination  for  scholarships 1710-  1711 

Compulsory  attendance  law  1814a-  1814n 

Attendance  required,  age  1814a 

Petition  in  certain  cases 1814b 

Special  cases  provided  for 1814c 

Exemption  in  certain  cases 1814d 

Private  or  parochial  schools 1814e 

Attendance  officers,  duties 1814f 

Women  eligible  as  attendance  officers 1814g 

Attendance  officers  to  investigate  absences 1814h 

To  require  information  and  keep  records 1814i 

Penalty  for  violation  of  Act 1814J 

Teachers  to  notify  of  absence 1814k 

Children  over  twelve  excused,  when 1814-1 

Appropriation  for  1814  m 

No  child  under  twelve  to  be  employed  in   certain   industrial 

establishments    1814n 

Census  of  children  required 1814f 

Contracts,  limitation  on  1777 

County  Board  of  Education: 

Appointment  • 1729 

Supplies  for 1723 

Term  of  office  1729 

Duties  of 1730 

Advisory  powers  1736 

Appeals  to  and  from 1736 

Meetings  of  1737 

Officers  of 1737 

To  create  school  districts 1738 

Sale  of  school  property 1755 

Exempt  from  militia  duty 1779 

Vacancy  in,  rules   7 

Misdemeanor  to  discount  teachers'  pay  certificate 575 

County  Superintendent  of  Education: 

To  conduct  examinations 1711 

Election  of .' 1717 

Term  of  office 1717 

Bond  of      1717 

Removal  from  office 1717 

Vacancies  in  office  1717,  1718 

Duties  of 1719 

When  to  qualify 1717 

To  visit  schools 1719 

To  attend  settlements 1720 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  107 

To  apportion  school  funds 577,  1720 

Reports 1722,  1724 

To  register  claims   1724 

To  report  on  claims • 1724 

Seal  of  1727 

Salary  of  1728 

Expenses 1728 

To  file  reports 586c 

To  keep  general  cash  account 586 

Courses  of  study  1708,  1731,  1732,  1733 

Depository  for  sale  of  school  books 1708 

Devise  for  educational  purposes 1702 

Direct  tax  funds   1702 

Discounting  teachers'  pay  warrants 575 

Dogs,  capitation  tax  1790 

Election  of  State  Superintendent 1698  , 

Election  as  to  special  tax  levy •  • . .    1742 

Election  as  to  school  bonds 1743,  1745 

Enrollment  defined 1716 

Examination  of  teachers 1708 

Rules  as  to 9-      27 

Factories,  certain  children  not  to  work  in  during  school  hours...  1814tr 

Flexible  levies 1742a_ 

Form  of  school  registers 1725 

Frances  Willard  Dary  to  be  observed 1820 

Gifts  for  educational  purposes   1702 

Gifts  for  educational  purposes,  constitutional  sections 10,       11 

Government  of  schools    1708 

Health,  State  Board  of,  powers  as  to  schools 1598,  1607 

High,  schools,   establishment   of 1812a. 

Trustees  may  establish    1812b 

Board  of  Trustees    1812c 

May  claim  benefit,  when 1812d 

Powers  of  State  Board 1812e 

Conditions  of  appropriation 1812f 

Special  tax  prerequisite   1812g~ 

Must  levy  at  least  four  mills 1812g 

Teacher  training  courses  1812h 

Appropriation  for  1812i 

High  schools,  rules  as  to  aid  for 43-       62 

Institutions  of  higher  learning,  reports  by 1700 

Insurance — School  buildings  to  be  insured  by  Sinking  Fund  Com- 
mission    1761a: 

Officers  of  schools  to  insure 1761t> 


108  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

List  of  buildings  to  be  furnished  by  State  and  County  Super- 
intendents    1761c 

Premium  rate   1761d 

Payment  of  premiums    .  • 1761e 

Sinking  Fund  Commission  to  reinsure 1761f 

Disposition  of  funds  for  premiums 1761g 

Failure  to  insure,  penalty  for 176H 

Value  of  buildings,  how  ascertained 1761J 

Adjustment  and  payment  of  losses 17611 

Amount  of  insurance  allowed 1761k 

Intoxication  or  disorderly  conduct  near  schoolhouse 394 

Kindergartens  1778a-  1778d 

Libraries,  funds  for   1796 

How  funds  to  be  paid  out 1797 

State  aid,  how  secured 1798 

Appropriation  for  1 799 

Mixed  schools  unlawful  1780 

Needy  schools  guaranteed  minimum  term 1817 

Narcotics,  textbooks  to  be  used  in  schools 1733 

Night  schools    1716 

Normal  course  for  teachers   1713 

Normal  scholarships,  notes  of  holders 1714 

Notes  of  holders  of  scholarships 1714 

Penalties  on  parents  and  guardians 1814g 

Alcoholic  liquors  and  narcotics 1734 

On  teachers    1814k-  586a 

On  County  Treasurer  582 

On  Auditor   583 

On  examiner  or  Trustee  acting  after  removal  from  office 585 

For  failure  to  keep  cash  account 586 

Petition  for  new  school  district 1738 

For  consolidation  of  school  districts 1738 

For  election  as  to  levy  of  tax 1742 

For  election  as  to  bonds 1743 

Physiology  and  hygiene  to  be  taught 1732 

Plans  for  schoolhouses    1765 

Poll  taxes,  collection  of 1735,  578 

Report  by  Auditor  1769 

Where  to  be  expended 1770 

Report  of  collections  581,  1771 

Constitutional  provision 6 

Private  educational  institutions,  reports 1811 

Pupils,  enrollment  of 1700 

Transfer  of   1756 

Suspension  or  discharge  of 1761 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  109 

Age  of  1778 

In  kindergartens  1778a 

Rebates,  penalty  for  accepting 303 

Records  of  State  Board  of  Education 1706 

Reports  by  State.  Superintendent 1700 

Of  enrollment 1700 

Of  institutions  of  higher  learning 1700 

Of  private  and  other  educational  institutions 1811 

Of  attendance  586a 

Registration  of  teachers 1826 

Registrar,  duties  of  1827 

Fee  for  services  1828 

Reserve  fund  for  schools 1807-  1808 

Rules  of  State  Board 1708 

For  examination  of  teachers 1708 

For  government  of  schools 1708 

Rural  schools,  aid  for  1816a 

Conditions  precedent  to  receiving  aid 1816b 

Three  hundred  dollar  class 1816c 

Four  hundred  dollar  class 1816d 

Five  hundred  dollar  class 1816e 

Teacher  not  to  have  over  fifty  pupils 1816f 

Application  for  aid    1816g 

Annual  report  to  be  filed 1816h 

When  aid  may  be  refused 1816i 

Rules  and  regulations  1816J 

Transportation  of  school  children 1816k 

• 

Salary  of  State  Superintendent 1698 

Of  County  Superintendent  1728 

Of  teachers,  warrants  for 1757 

Of  officers  handling  school  funds,  constitutional  section 4 

Sale  of  school  property  1755 

Qf  textbooks 1708 

Of  textbooks,  agents  for  576 

Schools,  visiting  by  Trustees 1761 

Terms 1777,  1814a 

Flexible  levies  for   1742a 

Bonds  (See  under  title  "Bonds") 1743-  1751b 

Three-mill  tax  1735 

Physiology  and  hygiene  to  be  taught 1732 

Transfer  of  pupils 1756 

Insurance  on  buildings    1761a-  1761  m 

Consolidated  districts  to  have  preference 1764 

Fund  for  buildings 1762 

Age  of  attendance 1778 

Mixed  schools  unlawful  1780 

Appropriation  to  increase  term 1783 

In  textile  communities,  gardens  in 1830 


110  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

Building  fund  for  (See  note) 1767 

Library  fund  1796-  1799 

Borrowing  money  to  pay  claims 1806 

Reserve  fund  for 1807-  1808 

Inspection  of 1 598 

Contagious  or  infectious  diseases 1607 

High  schools  established 1812a-  1812i 

Agriculture  to  be  taught  in 1813a-  1813f 

Compulsory  attendance  law  1814a-  1814n 

Supplementary  reading  in  ..." 1815a-  1815c 

Rural  schools,  aid  for   1816a-  1816n 

Needy  schools,  appropriation  for 1819 

Salaries,  schedule  of  1818 

Needy  schools,  minimum  term  for 1817 

Scholastic  year,  reports  of 1700 

Commencement  of 1781 

Scholarships,  award  of 1708,  1709,  1711 

Examinations  for   1710 

Regulations  as  to 1711 

Vacancies  in    1712 

In  Citadel  ! 1710 

In  University    1713 

In  Winthrop   1714a 

For  teachers   1713 

In  Clemson   1714b-  1714h 

Age  limit    1714f 

Residence  of  six  months  required 1711a 

School  bonds   (See  ''Bonds   for  Schools") 1743-  1751b 

School  districts,  formation   1738 

Size   1738 

Powers  of 1738 

Changes  in  1738 

In  adjoining  counties   1738-  1750 

Dissolution  of   1739 

Management  of   1753,  1740 

Tax  districts 1741,  1768 

Special  levy  in   1742 

May  issue  bonds  1743 

Survey  of 1743 

Of  over  5,000  people 1752 

To  be  stated  in  tax  returns 1768 

School  funds,  apportionment  of 1735 

Disbursement  of   1736,  1773 

Custody  of 1746 

Depositories  for    1746 

Monthly  report  of 1772 

Report  to  State  Superintendent 1774 

Unexpended  balances   1775 

Reserve  fund 1807,  1808 

Rules  as  to   33-       39 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  Ill 

Schoolhouses,  provisions  for 1761 

Insurance  of  1761a-  1761  m 

Location  (See  note)    1761 

Funds  for  building 1762-  1767 

In  consolidated  buildings   1764 

Plans  for 1765 

Only  on  lands  belonging  to  district,  rules 32 

School  property,  control  of   1761 

Sale  of  1755 

School  register  to  be  supplied 1699 

School  supplies,  rules  as  to  purchasing 30 

Seal  of  County  Superintendent 1727 

Sectarian  schools,  constitutional  provision 9 

Separate  schools  for  different  races,  constitutional  section 7 

Sinking  funds,  provisions  for , 1746 

Care  of 1749 

South  Carolina  Day  1809 

State  Board  of  Education,  powers  as  to  textbooks- • .  • 1699 

Appointment  of 1705 

Minutes  and  records   1705 

Secretary    1705 

Chairman    1706 

Meetings  1706 

Compensation  of 1706 

Advisory  powers 1707 

Rules    1707 

To  award  scholarships   1711 

To  appoint  County  Superintendents  when  vacancies  occur...    1718 

Exempt  from  militia  duty 1779 

Constitutional  section  2 

Rules  and  regulations  1-       62 

State  Superintendent  of  Education 1698 

Bond  of 1698 

Salary 1698 

graveling  expenses    1698 

Duties 1699,  1703 

Reports  by 1700 

Clerk  hire  allowed   1701 

Transfer  to  successor  1703 

Vacancy  in  office    1704 

To  prescribe  registry  of  claims,  etc.,  by  County  Superintendent  1725 

Constitutional  section 1 

State  Treasurer  to  receive  gifts,  etc 1702 

Supplementary  reading  in  public  schools 1815a-  1815c 

Tax,  three  mills  constitutional 1735 

Poll  1735 

Special  in  school  districts 1742,  1792 

To  retire  school  bonds 1746 

On  dogs   1790 


112  GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA. 

Returns  to  be  made  by  school  districts 1768 

Taxation,  exemption  from,  school  bonds 1751 

Teachers,  examination  of 1708 

Standard  of  proficiency  1708 

Certificates  of,  State  Board  to  grant 1708 

Certificates  of,  County  Boards  to  grant 1737 

Certificates  of,  cancellation  586d 

Certificates  of,  rules  governing  County  Board 10-       20 

Certificates  of,  rules  governing 9-12,  16,  21-27,  58-       59 

Certificates  of,  registry,  rule .20,  1737 

Normal  course  for 1713 

Scholarships  for   1713 

Monthly  reports  by 1757 

Warrants  for  salaries  of 1757,  1761 

Employment  of   1761,  1777 

Discharge  of  1761 

Qualifications  of 1761,  1777 

In  kindergartens  1778c 

Training  courses  for  in  high  schools 1812h 

Deductions  from  salary,  when 1814k 

Annual  reports  by   586a 

Number  of  grades,  rules  as  to 43 

Term  of  schools,  Trustees  to  regulate 1777 

Appropriation  to  lengthen  1783-  1788 

For  compulsory  attendance  1814a 

Textbooks,  uniformity  in  1699,  1708 

Sectarian  or  partisan  1699 

To  be  prescribed  1708 

Adoption  of 1708 

Depositories  for 1708,  1793,  1795 

Sale  of  1708 

At  cost 1793 

May  be  furnished  free 1794 

Use  of  condemned  books  prohibited 1804 

In  agriculture   18131 

Three-mill  tax 1735 

Trustees 1702 

Powers  of 1761 

Appointment  of  1752 

Term  of 1752 

Duties  1752-1753,  1760 

Qualifications  of 1752 

Removal  of   1752 

Meetings  of 1754 

May  sell  property  1755 

Not  to  receive  pay  as  teachers 1760 

Contracts  by  1777 

May  purchase  books  for  certain  pupils 1794 

Not  to  act  after  removal 585 


GENERAL  SCHOOL  LAW  OF  SOUTH  CAROLINA.  113 

Misdemeanor  to  discount  certificates 575 

Exempt  from  militia  duty 1779 

Vacancies  in  scholarships  1712 

In  office  of  County  Superintendent 1717,  1718 

In  office  of  State  Superintendent 1704 

In  County  Board  of  Education,  rule 7 

In  Board  of  District  Trustees 1752 

Vaccination  may  be  required  in  schools 1607 

Vocational  education  to  be  taught 1821 

Money,  how  paid  out 1822 

Funds  to  be  used  for  payment  of  teachers,  etc 1823 

State  Board  to  adopt  rules  and  regulations 1824 

Appropriation  for 1825 


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